As a second step, no matter what overarching strategy is employed for the investigation, assume that all documents and communications will be disclosed. The investigation should be done only by retained outside counsel and the purpose of the investigation and the authority for undertaking it should be clearly set out in an engagement letter. Every step of the investigation should be documented, especially every method utilized to ensure the confidentiality of the investigation. This includes how draft investigatory documents are
treated, especially their destruction. This includes the