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OnDemand Course

Legal and Ethical Issues of Using Private Investigators

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.

89 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 22, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • WA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Andrea Broach

Andrea Broach

Arnold & Porter Kaye Scholer LLP

  • Senior associate in the Washington D.C. office of Arnold & Porter Kaye Scholer LLP
  • Practice focuses on a broad range of complex litigation in both federal and state courts
  • Assists clients in working with prosecutors and law enforcement regarding illicit trade investigations
  • Regularly advises on the unique legal risks associated with offensive brand protection strategies, including the legal risks associated with the in-house development of actionable intelligence for sharing with law enforcement in support of anti-contraband and counterfeit programs
  • Co-author of publication regarding the tracking of drug counterfeiters using private investigators
  • Admitted to practice law in the District of Columbia and Virginia
  • J.D. and M.P.A. degrees, Syracuse University
  • Can be contacted at [email protected] or 202-942-5385
No photo available

James Ricaurte

Allegiance Protection Group

  • President of Allegiance Protection Group
  • Founder of Allegiance Protection Group, a New York City based private investigations firm specializing in fraud and intellectual property (anti-counterfeiting) investigations
  • Past detective with the New York City Police Department
  • His passion for pursuing perpetrators of fraud paved his career and led to his assignment to specialized investigative units, where the focus was white collar investigations, including identity thefts, mortgage fraud, credit card and bank fraud, and money laundering
  • Recipient of the 2017 U.S. Department of Homeland Security Investigations, New York City - “Private Sector Partnership Award”
  • Can be contacted at [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 400542
Published 2019
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