Jan Dop

partner

Jan is a specialist in employment law and corporate law

jan.dop@russell.nl
+31 20 301 55 55

Paul Russell

senior partner

Paul is a highly experienced, creative and tenacious litigator

paul.russell@russell.nl
+31 20 301 55 55

Investigation of facts by a lawyer

Publication date 17 September 2020

Taking steps in the event of irregularities or a #MeToo-related issue in your company? Make sure all facts are disclosed by means of a thorough investigation of the facts!

expert - social media

Do you suspect that a manager of your company leaks sensitive information? Has a director represented the company without the required authorisation which resulted in damage? Does an employee structurally violate the staff rules or is there suspicion of sexual harassment? In this event you are likely to take (legal) steps.

Our advice?

Before taking steps have an investigation of the facts carried out!

Investigation of the facts

Whether it concerns a violation of staff rules, a work accident, maladministration, an integrity concern, fraud, a liability matter or a shareholders dispute, it is important that all relevant facts are disclosed. Even with regard to a sensitive subject such as sexual harassment, where the facts are often difficult to discover. It is the only way sensible decisions can be taken.

Especially before legal proceedings will be started or measures will be taken, you should be able to determine your legal position in the best possible way. To this end, an objective investigation of the facts and a discreet (external) specialist are required. It is advisable to engage a lawyer for this.

Why engage a lawyer?

  • Lawyers know which facts are legally relevant.
  • Lawyers have experience when it comes to different investigation techniques: hearing of witnesses, reviewing files, collecting documents.
  • Lawyers can assess the feasibility and effectivity of follow-up actions after the investigation.
  • Lawyers can cooperate or establish contacts with other specialists necessary.
  • You can expect discretion from lawyers as they have a professional confidentiality obligation. Lawyers have experience regarding extensive investigations. After all, they have to disclose, thoroughly assess and present all facts in order to conduct legal proceedings and provide advice.

What can we do for you?

The lawyers at Russell Advocaten are experienced in fact finding exercises and have the expertise necessary to determine the relevant facts in each situation. We will gladly help you with fact investigations. Please contact:

    We process the personal data above with your permission. You can withdraw your permission at any time. For more information please see our Privacy Statement.

    Related publications

    Legislative proposal for greater security for flex workers

    The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers if the legislative proposal is adopted? What new rules will you need to take into account?

    Read more

    Statutory minimum hourly wage

    The statutory minimum hourly wage changes every six months. What are the new amounts as of 1 July 2025?

    Read more

    Contract termination: survival clauses

    If a contract has ended, there may still be obligations you want your contract partner to fulfil, such as warranties or confidentiality. You can regulate this through survival clauses. What should you look out for when including such clauses?

    Read more

    Is an appointment decision required to be a statutory director?

    A director under the articles of association is appointed by an appointment decision by an authorised body. What might be the consequences if this decision was not established in writing?

    Read more

    Differences between franchise and distribution agreements

    The franchise agreement and the distribution agreement are very similar, but there are also important differences. What are the consequences if you conclude a franchise agreement when it is actually a distribution agreement or vice versa? How can you avoid this misunderstanding?

    Read more

    MSLEA: make sure your association and foundation’s articles of association are in order before 1 July 2026

    On 1 July 2026, part of the transitional law of the Management and Supervision of Legal Entities Act (MSLEA) will expire. This mainly affects the voting rights of directors or supervisory directors of associations and foundations. When do you need to amend your articles of association?

    Read more