During an internal investigation, what must an employee know if their interview is conducted by an attorney?

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In the context of an internal investigation conducted by an attorney, it is vital for an employee to understand that the attorney is representing the interests of the organization, not the individual. This is significant because it helps clarify the attorney's role during the interview process. The attorney's primary duty is to the employer, which implies that any information disclosed during the interview may not be protected as confidential attorney-client communication for the employee.

Recognizing that the attorney is not representing the employee helps to establish the boundaries of the interaction. The employee should be aware that they do not have the same level of privilege as they would if the attorney were their personal legal counsel. This understanding guides the employee in how they approach the interview and informs them about the potential implications of their statements.

The other options may lead to misunderstandings about the nature of the legal representation during the interview, particularly regarding confidentiality, legal privileges, and the voluntary nature of the interview. An employee believing they have the same protections as a client could inadvertently compromise their position or the integrity of the investigation. Therefore, it is crucial that employees are clear about the fact that the attorney's representation does not extend to them personally.

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