While Fraud and Debt Recovery Litigation is the focus of our firm, Due Diligence Investigations are a service we provide to businesses, institutions and individuals to protect our clients from falling victim to fraud. In almost all cases of investment or relationship fraud we investigate, it is apparent to us that had a due diligence investigation been undertaken prior the victim proceeding with the transaction, the fraud could have been prevented.
The Due Diligence Process
At Investigation Counsel, we commence our due diligence investigations by reviewing client documentation and information to identify flags of fraud. We then conduct standard public record searches on the persons or issues identified. This procedure is standard practice of most investigation firms or lawyers providing due diligence services. Our value added over and above what other investigative agencies or law firms typically provide is inquires made through our networks into their databanks. Through our networks we also conduct covert and overt interviews and gather intelligence utilizing other covert and overt methods. After our initial investigations are conducted, we are often asked by our clients to meet with the proposed parties to the transaction for the purpose of gauging their credibility against the intelligence we have on them. At these transaction meetings, our clients usually advise the parties that we are their counsel there for the purpose of assisting them assess the proposed transaction.
Solicitor-Client Privilege and Confidentiality
Due Diligence investigations reported on by Investigation Counsel are cloaked by solicitor-client privileged. This means that not only are our reports to our clients confidential, but it also means that our reports can not be disclosed as evidence our clients if litigation were to result from the transaction or the due diligence investigation. The importance of a client’s ability to assert privilege is significant, especially if there are concerns about the confidentiality of the investigation being infiltrated by privacy commissioners, other regulatory or government bodies, competitors or those upon whom the due diligence is being sought. Further, as counsel, the identity of our clients is also confidential and privileged should inquiries be made by those adverse in interest. Due Diligence investigations conducted by Investigation Counsel often involve fact and asset verification outside of the scope of traditional corporate law transaction due diligence. As such, Due Diligence Investigations often use many of the same networks we utilize in fraud recovery litigation. We welcome inquiries from corporate lawyers if circumstances require investigation outside that which is standard to traditional corporate deal due diligence practices.
Due Diligence investigations conducted by Investigation Counsel are conducted on a fixed rate or hourly rate basis. Disbursements we incur are charged to the client at our costs. Whether Due Diligence investigations is fixed rate or hourly rate retainer depends on the complexity of the matter and the depth of the proposed inquiries.
At Investigation Counsel PC, we dig deeper than traditional law firms and investigative agencies to provide intelligence on the key players to a proposed transaction and their associates. To request a Due Diligence investigation, please contact us at 416-637-3150 or by email and we will respond within 24 hours.