Employment law attorney and counselor Mary L. Topliff provides a thorough review of the ethical issues involved in workplace investigations. The four main topics addressed during this ethical discussion include the types of workplace investigations conducted by attorneys, attorney-client issues, the attorney’s ethical obligations, and an attorney-investigator’s conduct during investigation.
Ms. Topliff also analyzes employment harassment suits, the importance of workplace investigations, the Private Investigator Act, the attorney-client relationship, attorneys as investigators, attorney-client contractual issues, investigation considerations, and investigation documentation. Case law discussed includes United States v. Rowe, 96 F.3d 1294 (9th Cir. 1996), Sandra T.E. v. South Berwyn School Dist., 600 F.3d 612, and Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991). ABA Model Rules discussed include Rule 1.1 Competence, Rule 1.4 Communication, Rule 1.6 Confidentiality Of Information, Rule 3.7 Lawyer As Witness, Rule 4.1 Truthfulness In Statements To Others, Rule 4.2 Communication With Person Represented By Counsel, and Rule 4.3 Dealing With Unrepresented Person.
Ms. Topliff serves on the Editorial Review Board for the State Bar of California’s Labor and Employment Law Review. She was elected to the Board of Directors of the Northern California Human Resources Association in 2007 and to its Executive Committee in 2008. Ms. Topliff also serves as Vice Chair of the Board of Directors and is on the Executive Committee of the Youth Leadership Institute, a non-profit organization promoting leadership skills for youth to create social change in their communities. She currently serves as an arbitrator for the Bar Association of San Francisco’s Attorney Fee Dispute Panel and has been a mediator for the Equal Employment Opportunity Commission since 2007.