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How We Protect Privileged Information and Communications

As incident investigation facilitators, ThinkReliability serves as an impartial third party that gathers and organizes factual information to reveal how different factors were connected within an incident. ThinkReliability does not provide legal guidance, but some incident investigations may include information and communications that fall within a privilege, potentially including attorney-client privilege.1

At ThinkReliability, our aim is to balance legal considerations with your company’s Root Cause Analysis (RCA) goals. In incident investigations in which privileged information is a concern, ThinkReliability works with a clients’ in-house and/or external legal teams to facilitate and document a thorough explanation of an issue with a clear timeline, appropriate diagrams and photos, and a cause-and-effect explanation that is privileged and confidential. Our practice for investigation facilitations includes the following.

  • Comprehensive RCA support: ThinkReliability facilitators handle complex RCA investigations with efficiency and expertise. We offer technical guidance through the RCA process including neutral third-party meeting facilitation across multiple departments and/or companies.
  • Resource Management: By absorbing the workload and organizing RCA information, we expedite investigations and minimize the manpower required from your organization.
  • Professional Presentation: We prepare deliverables with solution options, present findings to stakeholders across organization levels, and maintain confidentiality. When appropriate, all documents developed by ThinkReliability are labeled as attorney-client privileged on title and cover page at minimum.
  • Secure Communications & Documentation: All documents & communications are maintained in ThinkReliability’s secure environment. The client can also elect to provide the ThinkReliability facilitator access to a secure file-sharing environment hosted by the clients’ in-house or external legal team.

ThinkReliability has experience working with a company’s in-house counsel to ensure that our investigation falls within a privilege that is specific to your state/country. By working closely with your in-house or external counsel, we ensure that we protect the privileged information by developing a plan for all communications and investigation materials.  

1 Generally, the attorney-client privilege is a legal concept that protects the confidentiality of communications between attorneys and their clients. In the context of an investigation, this privilege may extend to documents and communications related to the investigation. However, the attorney-client privilege is just one of many privileges that may apply to the investigation. Every state has different laws relating to privileges, including the attorney-client privilege.