Get the free Sample1 Upjohn Warning

Sample1 Upjohn Warning During witness interviews as part of an internal corporate investigation, attorneys and investigators working at their direction usually give an Upjohn warning. See Upjohn v.

How to fill out sample1 upjohn warning

How to fill out sample1 Upjohn warning:

1. Start by identifying the purpose of the Upjohn warning, which is to inform an individual that they are being interviewed as part of an internal investigation and that the company's attorney represents the company's interests, not theirs.
2. Begin by including the name and title of the attorney conducting the interview, as well as the name of the company.
3. Clearly state that the interview is being conducted to gather information for the company's internal investigation and that the attorney-client privilege is claimed by the company.
4. Include a clear explanation that the attorney-client privilege extends to the interviewee only as it relates to their communication with the attorney during the interview and does not extend to any other communication or action.
5. Emphasize that the attorney-client privilege may be waived by the company under certain circumstances, such as if the interviewee discloses information to third parties or if the interviewee engages in fraudulent activities.
6. Inform the interviewee that while the attorney represents the interests of the company, the interviewee has the right to retain their own legal counsel if they wish to do so.
7. Provide a statement that the interviewee understands and agrees to the terms outlined in the Upjohn warning and that they have had an opportunity to ask any questions or seek independent legal advice.
8. Sign and date the Upjohn warning, ensuring that the interviewee also signs and dates it to acknowledge their understanding and agreement.

Who needs sample1 Upjohn warning:

1. Companies that are conducting internal investigations often require the use of the Upjohn warning when interviewing employees or other individuals related to the investigation.
2. The Upjohn warning is necessary to establish the attorney-client privilege and to inform the interviewee of their rights and the limitations of confidentiality during the interview.
3. It is essential for individuals who are being interviewed to be aware of the Upjohn warning and understand that the attorney conducting the interview represents the company, not the individual.

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