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Legal and Ethical Issues of Using Private Investigators

presented by Lorman Education Services
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Legal and Ethical Issues of Using Private Investigators

Workshop Description/Agenda

Learning Objectives
Learning Objectives

Gain a better understanding of using a private investigator in the legal field and the ethical and legal considerations that could come along with it. Working with private investigators can be a valuable tool for attorneys in various areas of practice. Private investigators can bring their unique expertise to gather useful intelligence that may form the foundation of a case, inform litigation strategies, or guide business decisions for a client entity. However, in order to generate high quality and actionable intelligence, it is vital that supervising attorneys understand the legal and ethical minefields that exist when working with private investigators. This topic outlines the legal and ethical issues that are most likely to arise when supervising private investigative work, along with mitigative measures that may be taken to reduce attendant risk. The material covers specific investigative techniques that are most commonly used in support of legal work, as well as limits on the use of certain categories of information. An understanding of these common issues is critical to attorneys seeking to contract private investigators.

Significant Model Rules • Rule 4.1 - 4.4: Transactions With Persons Other Than Clients • Rule 5.3: Responsibilities Regarding Nonlawyer Assistance • Rule 8.4: Misconduct Structuring the Relationship • Contracting Parties: Who Should Hold the Primary Relationship With a Private Investigator • Due Diligence: Vetting Private Investigators • Contract Language: Terms to Be Included in a Contract and Scope of Work Governing the Private Investigator Relationship • Guidelines: The Use of Guidelines to Define the Relationship, Outline Specific Expectations, and Clarify Limitations • Supervision, Memorialization, and Legal Review: Active Management of Private Investigator Work • Unequivocal Termination: Creating a Clear Record of Termination of the Investigator Relationship Investigative Techniques: A Discussion of Commonly Used Investigative Techniques and the Legal and Ethical Issues That Arise With Each • Pretexting • Social Media • Surveillance/Video Surveillance • Recordation • GPS • License Plate Reader Data • Trash Inspections • Represented Parties • Other Human Sources Sensitive Information: Issues Related to the Access to, Collection of, and Protection of Sensitive Personal and Business Information • Criminal History Databases • Police Reports • Grand Jury Materials • Tax Return Information • DMV Records • Competitor Information

Andrea Broach with Arnold & Porter Kaye Scholer LLP

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.

Who Should Attend

This live webinar is designed for attorneys. Other legal professionals may also benefit from attending.

Additional Information

Training Provider: Lorman Education Services

Course Topics: Law Training > Ethics

Training Course Summary: Legal and Ethical Issues of Using Private Investigators

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