What You Don't Know Can Hurt You: The Case for “Special Counsel” Investigations
探讨企业不当行为后聘请律师进行特别顾问调查的实际操作（风险与收益）及其作为企业自我监督手段的潜力，指出调查的客观性和彻底性对企业和社会的双重价值。
Numerous episodes of corporate misconduct in recent years have intensified longstanding debates over the ethics and social accountability of large business enterprises. Many corporations have responded to incidents of proven or suspected wrongdoing by retaining lawyers to conduct investigations, which often produce reports and findings that are made public or are provided to law enforcement and regulatory agencies. This article addresses special counsel investigations on two levels: first, their practical aspects, such as the potential risks and benefits to the corporation and its managers, and how the results can be used; and second, the potential role of such investigations as a credible means of corporate self-policing. It argues that in appropriate circumstances special counsel investigations can serve both corporate self-interest and the interest of society, but that both social and practical benefits depend upon management9s willingness to ensure that they are genuinely objective, thorough, and professionally conducted.