Bo&cie Investigative | BONNIER SAINT-FÉLIX Avocats

Internal Investigations

In the face of allegations of moral or sexual harassment, sexist behavior, workplace violence, discrimination, or breaches of the principle of equal treatment, employers are required to respond with diligence and method.

BONNIER SAINT-FELIX created the Bo&cie Investigative unit, dedicated to conducting internal and administrative investigations. Led by Alexia Boursier, who has developed specific expertise in the mechanisms of violence through the DU “Violences faites aux femmes” (Paris 8), and by Véronique Hardouin, Mediator (DU IFOMENE – National Mediation Centre for Lawyers & Paris Court of Appeal), practitioner and trainer in collaborative processes, Bo&cie Investigative brings together experienced investigative attorneys experienced who have been conducting investigations for several years.

The investigative lawyers of Bo&cie Investigative are legal experts in psychosocial risks, moral or sexual harassment, workplace violence, sexist or sexual misconduct, discrimination, and unequal treatment.

They are trained in active listening, taking testimony, and interviewing techniques. They have a thorough command of evidentiary requirements and the conditions governing the admissibility of witness statements and investigation reports.

Internal investigations, whose development was initially driven by case law and later enshrined by the legislator with the Sapin II Law, have become an essential tool for managing an organisation’s social and legal risks.

An internal investigation aims to verify the reality and materiality of reported or suspected facts, in order to carry out a comprehensive assessment of the situation and determine the appropriate response for the employer.

To ensure rigor and impartiality, companies increasingly entrust these investigations to external legal professionals. The lawyer, as an auxiliary of justice, stands out for their ability to conduct such investigations independently, with a thorough command of the concepts of moral or sexual harassment, sexist or sexual misconduct, discrimination, discriminatory harassment, unequal treatment, as well as the rules of evidence applicable before civil and administrative courts.

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Areas of Practice:

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Legal Counsel: Implementation of Whistleblowing Systems and Investigation Procedures

In private companies, the National Interprofessional Agreement of 26 March 2010 on workplace harassment and violence encourages employers to establish a reporting system and “an appropriate procedure to identify, understand, and address phenomena of harassment and workplace violence.”

In the public sector, Decree No. 2020-256 of 13 March 2020 (codified under Article L. 135-6 of the French General Civil Service Code) requires the implementation of a reporting system intended to “collect reports from agents who consider themselves victims of deliberate attacks on their physical integrity, acts of violence, discrimination, moral or sexual harassment, sexist behaviour, threats, or any other act of intimidation, and to direct them towards the competent authorities responsible for support, assistance, protection of victims, and handling of reported facts. This system also allows the collection of reports from witnesses of such conduct.”

BO&Cie Investigative advises and supports organisations in:

implementing whistleblowing systems (ethics alerts / Sapin II compliance / harassment / psychosocial risks, etc.)
managing and processing alerts
whistleblower status and protection

Lawyer-Investigator: Conducting Internal and Administrative Investigations

BO&Cie Investigative conducts internal and/or administrative investigations within private companies of all sizes, associations, public institutions, and local authorities.

Our lawyer-investigators operate in sensitive situations, applying a rigorous and structured methodology in compliance with:

legal requirements (notably those arising from the Sapin II and Waserman laws),
evidentiary rules defined by civil and administrative courts, which are constantly evolving,
the ethical obligations of lawyers and the guidelines set out in the “Vademecum de l’avocat chargé d’une enquête interne” adopted by the French National Bar Council (CNB) CNB Vademecum for Internal Investigations, and
recommendations of the Defender of Rights, issued in Framework Decision No. 2025-019 of 5 February 2025 on discrimination and sexual harassment reporting and handling in both public and private employment

BO&Cie Investigative carries out each investigative assignment in strict respect of the rights of the individuals heard, with constant attention to traceability of actions, procedural fairness, and the legal security of the framework implemented:

Independence vis-à-vis the parties
High-level recognised expertise in cases of moral or sexual harassment, workplace violence, sexist or sexual misconduct, and discrimination
Impartiality and objectivity in the analysis of collected evidence
Loyalty and discretion in conducting interviews
Absolute confidentiality of the information gathered

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Legal Counsel: Supervision of Internal Investigations

BO&Cie Investigative supports companies in organising and securing internal investigations, whether conducted by ethics officers, HR departments, or jointly by the employer and employee representatives:

Alert in case of violation of individual rights (Labour Code, Art. L.2312-59)
Alert in case of serious and imminent danger (Labour Code, Art. L.4131-2)

We advise and assist at every stage of the reporting and investigation process:

Receipt and handling of alerts/reports
Development of investigation methodology
Formation of the investigation committee
Identification of individuals to be interviewed and organisation of hearings
Preparation of interview records and management of confidentiality/anonymisation
Drafting of the investigation report
Communication of the report and follow-up actions

Lawyer-Trainer: Training in Conducting Internal Investigations

BO&Cie Investigative trains corporate stakeholders in conducting internal investigations: investigation methodology, whistleblower status obligations, interview techniques, investigator posture, active listening, gathering testimony, information collection, findings and assessment, confidentiality management, drafting interview minutes, and preparation of investigation reports.

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