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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.

Runtime: 89 minutes
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Why Lorman?

Over 32 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 32 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 Webinar

Applications have not yet been submitted for Idaho, Kentucky, Ohio, and South Carolina 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.

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, Inc. 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.
     
  • CT CLE 1.0 including Ethics 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.50 hour(s) of ethics credit.
     
  • DE CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit, including 1.5 hours of enhanced ethics credit.
     
  • FL CLE 2.0 including Ethics 2
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 2.00 hour(s) of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hours.
     
  • HI CLE 1.25 including Ethics 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours including 1.25 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 1.5
     
  • Legal and Ethical Issues of Using Private Investigators is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) including 1.50 ethics hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.25 including Legal Ethics 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.25 hours.
     
  • ME CLE 1.0 including Ethics 1
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit including 1.00 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit, including 1.25 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.5 hours of ethics credit.
     
  • MT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.50 hours of ethics credit.
     
  • NC CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours, including 1.25 hour of ethics credit.
     
  • ND CLE 1.5 including Ethics 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • NE CLE 1.47 including Professional Responsibility 1.47
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.47 hours of CLE credit in the State of Nebraska, including 1.47 hours of professional responsibility credit.
     
  • NH MCLE 1.5 including Ethics 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 88 minutes of ethics credit.
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
     
  • 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.
     
  • NV CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OK CLE 2.0 including Ethics 2
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 1.00 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • TN CLE 1.47 including Dual 1.47
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.47 hours of credit, including 1.47 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 1.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit, including 1.50 hours of ethics.
     
  • 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.
     
  • WV MCLE 1.8 including Ethics 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • WY CLE 1.5 including Ethics 1.5
     
  • This program has been approved for 1.5 hours of CLE by the Wyoming State Bar, including 1.50 hours of ethics credit.
     
  • NALA 1.47 including Ethics 1.47
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.47 hour(s) including 1.47 hour(s) of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 1.5
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • CT CLE 1.5 including Ethics 1.5
     
  • HI CLE 1.5 including Ethics 1.5
     
  • IL CLE 1.5 including Legal Ethics 1.5
     
  • ME CLE 1.5 including Ethics 1.5
     
  • MT CLE 1.5 including Ethics 1.5
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • NM CLE 1.5 including Ethics 1.5
     
  • NV CLE 1.5 including Ethics 1.5
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • UT CLE 1.5 including Ethics 1.5
     
  • VT CLE 1.5 including Ethics 1.5
     
  • WA CLE 1.5 including Ethics 1.5
     
  • WV MCLE 1.8 including Ethics 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • AK CLE 1.5 including Ethics 1.5
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • CT CLE 1.5 including Ethics 1.5
     
  • HI CLE 1.5 including Ethics 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5 including Ethics 1.5
     
  • MT CLE 1.5 including Ethics 1.5
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • NM CLE 1.5 including Ethics 1.5
     
  • NV CLE 1.5 including Ethics 1.5
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • UT CLE 1.5 including Ethics 1.5
     
  • VT CLE 1.5 including Ethics 1.5
     
  • WA CLE 1.5 including Ethics 1.5
     
  • WV MCLE 1.8 including Ethics 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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More Program Information

Why Lorman?

Over 32 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 32 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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Product ID: 400542
Published 2019
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