legalese - What is the proper usage of the phrase "due diligence"?


I have encountered the phrase "due diligence" in the business world. The usage examples I have seen (mostly emails) cannot exactly be considered grammatical canon. An internet search produces lackluster results. Most usage examples refer to the "due diligence process". But in my business it's not a formal process, but an ambiguous obligation.


The usage I am familiar with is similar to the following:


We need to do our due diligence to investigate this.
We need to use due diligence to investigate this.
We need to perform due diligence to investigate this.


Is any of that correct?



Answer



A lawyer referring to the process of investigating a potential merger/investment might say:



We need to perform due diligence.



There is also business buzzword of "due diligence", derived from the legal meaning to mean the level of care/attention that one would reasonably be expected to take in this situation. In my (American) experience, this is commonly used in the business world as an idiom:



We need to do our due diligence.



One can also consider the literal meaning of the words. "Due + Diligence" = "Appropriate Attention", so one could say:



We need to give this investigation its due diligence.



Looking at the OP's original three phrases according to this guidance:



We need to do our due diligence to investigate this. (correct, business usage)


We need to use due diligence to investigate this. (incorrect)


We need to perform due diligence to investigate this. (most likely incorrect, unless you're dealing with a business merger)



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