26-26 Prof. Services Agreement - Special Counsel.pdf

3 a. Intake and Planning. Review the allegation(s), define the investigative plan, identify potential witnesses and sources, and create an evidence preservation / collection protocol. b. Document Requests and Review. Request, collect, and review relevant documents, communications, recordings, policies, and other materials, whether maintained by the Township, third parties, or the Subject Official, subject to lawful limits. c. Interviews. Conduct interviews of relevant witnesses, including Township employees, officials, and third parties, as appropriate. Counsel shall determine interview sequencing, interview format, and whether to memorialize interviews by notes, written statements, or other means. d. Legal/Policy Assessment (Limited). Evaluate the allegations in light of applicable Township policies, state law and regulations, and ethical standards as relevant to the Investigation (without providing individual legal defense representation to any person unless separately authorized in writing). 3.3. Final Report. Special Counsel shall prepare a written investigative report (the “Final Report”) summarizing the factual findings and recommendations. Any recommendations contained within the Final Report are non-binding upon the Township. Conflict Counsel may request a draft for comment prior to finalization. The Final Report shall be delivered to the Conflict Counsel and the Township Attorney. 3.4. Exclusions. Unless expressly authorized in writing by Conflict Counsel, Special Counsel shall not: a. Represent the Township or any individual in litigation, administrative proceedings, or criminal matters relating to the allegations; b. Serve as personal counsel to the subject member of the Township Council; c. Act as Township Attorney, labor counsel, prosecutor, or hearing officer;