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efforts to improve the corrective action itself may become necessary or desirable.Regardless, the key here is to fight the urge to pack away the efforts of the analysis and“close the book”. Effective quality management dictates that continued monitoring andevaluation be an integral part of the process.VI.A Note on the Legal FrontAs practicing lawyers, we are rarely, if ever, involved in a root cause analysis conductedby clients. Our exposure to this type of report is almost exclusively the result of litigationand the inevitable request for investigation materials such as this. This issue – thepotential discoverability of a root cause analysis – will often influence the decision ofwhether to even conduct one. It is the proverbial double-edged sword for companies. Ifyou do not conduct a root cause analysis, you are portrayed as uncaring and willing tosimply absorb the cost of catastrophe as a part of your business model. On the otherhand, if you commit to such an analysis, you are fully expected to be completelytransparent and share it with anyone and everyone, even if the results are sensitive anddamning.For this reason, we have included an Appendix for your consideration. The firstappendix is a 50-state (plus D.C.) compendium of the discoverability of investigativematerials. There is surprising similarity, but not unanimity, in the approaches thevarious states take. An often discussed factor is whether the work product and resultsof the investigation can be protected from discovery. This, of course, is often a difficultissue to address as it will be governed by local laws. Insight into why one might not12