Proven Process

Investigative Process

Our investigative process is strategic, streamlined and thorough.  The team at Van Dermyden Makus Law Corporation strives to keep our clients fully informed of the status of our investigations while underway, yet maintain sufficient independence to ensure there is no influence, or appearance of influence, on the investigative outcome.

Our team’s investigative process was established based on our extensive experience conducting thousands of investigations.  This process ensures our investigations are timely, cost-effective, well-organized and fair.  Here is an overview:

1. Intake & Assignment

  • Speak with client to conduct initial intake

  • Determine investigative needs

  • Assign attorney-investigator based on unique needs of client and matter

  • Finalize engagement agreement

2. Assessment & Planning

  • Learn about organization, including its culture, practices, and policies

  • Determine scope and nature of investigation

  • Create investigative plan

  • Determine interview logistics, such as confidentiality admonitions, recordings, scheduling, sequencing, location, and notifications

 

3. Evidence Collection

  • Conduct party and witness interviews by videoconference*

  • Identify and obtain all available evidence, to include documentary and digital evidence

  • Strategize and update investigative plan as necessary

4. Client Communication & Report

  • Strategic communications with client, while maintaining independence

  • Determine method of delivery of evidence and findings

  • Reach reasoned conclusions based upon a sound methodology and thorough analysis

  • Utilize credibility factors in reaching conclusions

  • Prepare Investigative Report, if requested

 

Report Writing Process

Our reports are comprehensive, accurate, and easy to navigate. To achieve this, all reports go through three phases of review. The multiple steps in this review process ensure that the report is accurate, neutral and unbiased.  This process was established to guarantee that we come to fair, reasoned conclusions that our clients can trust.

1. Attorney-Investigator

  • Right-size the report in line with the client’s expectations

  • Summarize findings early in the report and provide a roadmap for the rest of the report

  • Determine which evidentiary documents to cite, quote, or summarize

  • Sustain or do not sustain the allegations

2. Senior Partner

  • Review draft report using extensive employment litigation experience

  • Ensure accuracy and neutrality

  • Assess credibility assessments, analysis and findings

3. Case Editor

  • Review the draft report for typographical errors, spelling, factual accuracy, flow, and formatting

  • Ensure consistency throughout the report in dates, names, punctuation, and titles

  • Ensure evidentiary documents are cited and attached to the final report when appropriate

4. Client

  • Draft report submitted to the client for review

  • Provide technical edits to the draft report unrelated to the substantive findings

  • Rely upon the report to demonstrate your good-faith actions in responding to the claim