Independent Investigations Practice

Practice Areas:
Business Litigation
Complex Tort Defense/Catastrophic Loss
Corporate/Transactional Law
Criminal Defense
Employment Litigation and Counseling
Estate Planning/Probate
Independent Investigations Practice
Litigation/Trial Practice
Medical and Health Care Practice
Real Estate/Land Use

DeMoura|Smith lawyers are regularly called upon by businesses and institutions, and their legal counsel, to conduct independent investigations of allegations of misconduct of every kind, including Title IX, sexual assault, sexual harassment, breach of fiduciary duty, violations of law and violations of corporate or institutional policies. The subjects of our investigations have included presidents, officers, employees, faculty, athletic coaches, and students

In serving as independent investigators, DeMoura|Smith attorneys recognize the vital importance of the institution’s full cooperation; having unfettered access to material information; and being allowed to follow the facts wherever they might lead using the means and methods deemed necessary and appropriate by the investigators, in their sole judgment and discretion.

Investigations are complex and sensitive. DeMoura|Smith’s attorneys make use of their litigation background and trial practice skills to conduct a thorough and impartial inquiry and produce timely reports of their findings. The inquiry includes, among other things, a thorough examination of statutes, cases and related regulations; examination of the institution’s policies and procedures; personnel records; interviews of witnesses and others; examination of the evidence including computer forensic evidence, videos, photos, police reports and the like; investigation into e-mail and social media accounts; interaction with counsel for anyone involved; and interaction with appropriate outside agencies including regulatory agencies and law enforcement. Time is often of the essence in such matters.

When we act as independent investigators, we are not acting as legal counsel or providing legal advice to the institution. In conducting the investigation, we observe all state and federal laws, as well as our ethical obligations.

Any information provided to us will, to the extent permitted, be kept confidential and destroyed upon the conclusion of the investigation, unless subject to a subpoena, court order or other legal process.

For additional information concerning the firm’s investigations practice or a confidential consultation, please contact:

Robert B. Smith
781.914.3773 (direct)
781.603.4565 (cell)

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