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You Are Your PI's Keeper: Ethical Issues Associated with Use of a Private Investigator

A private investigator can help provide key information related to your representation of a client but not if the information obtained cannot be used or gets you disqualified. If you retain a PI in connection with your representation of a client, you remain responsible to ensure that the PI's conduct conforms to the professional rules that apply to you. This OnDemand Webinar will address ethical issues associated with a lawyer's use of a private investigator, including the "anti-contact" rule and pretexting, and the potential consequences for failure to act consistent with the obligations of the professional rules, including the risk of inadmissibility of evidence or disqualification from the representation. The program will also include "tips of the trade" relative to engagement, instruction, and supervision of a PI as well as getting people to talk within the confines of the rules.


Runtime: 90 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

Common Scenarios for Retention of a Private Investigator and Overview of Applicable Professional Rules

Contact: The Rules of the Road

  • Represented Persons (Rule 4.2, Corporate Entities, Government Entities)
  • Unrepresented Persons (Rule 4.3)

Pretexting: The Rules of the Road (Rules 4.1, 4.3, 4.4, 8.4(c))

  • Some Recognized Exceptions (Housing Discrimination, Employment Discrimination, Violation of Court Orders or Agreements, Infringement)

Receipt of Privileged Information or Documents (Rule 4.4 and Circumstances for Disqualification)

Tips of the Trade

  • What to Tell Your PI: Engagement, Instruction, Supervision
  • Getting People to Talk to You Within the Rules

Wrap Up and Questions

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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

This course was last revised on January 31, 2013.

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

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

Kelly L. Faglioni

Hunton & Williams LLP

Kelly Faglioni

  • Deputy general counsel and litigation partner with Hunton & Williams LLP
  • Substantial experience with law firm ethics, conflicts, compliance, and risk management, including defense of malpractice and third-party claims
  • Chair of the firm’s Conflicts and Professional Conduct Committee
  • Regularly advises on conflicts issues and compliance with professional rules
  • Litigates commercial and regulatory matters before state and federal trial and appellate courts, regulatory agencies, and alternative dispute resolution forums
  • Conducts regular seminars and workshops on ethics issues
  • Member, CLE Committee for Center of Professional Responsibility for the ABA, 2011 to 2012
  • Fellow, National Institute for Teaching Ethics and Professionalism, November 2011
  • Adjunct professor, Washington and Lee School of Law (Third year Practicum: The Full Life of an M&A Transaction, Fall 2010 to present)
  • J.D. degree, summa cum laude, Order of the Coif, Washington and Lee University School of Law, Editor in Chief, Law Review, University Service Award, 1992
  • Can be contacted at [email protected] or 804-788-7334

Stanley J. Lapekas

Hunton & Williams LLP

Stanley Lapekas

  • Regional director, TurnStone Investigative Group in Richmond, Virginia since 2003
  • 27 years of experience with the FBI
  • Executive secretary (director) of the Virginia Charitable Gaming Commission (2000 to 2003)
  • Investigative experience in all criminal matters, with an emphasis in white collar and financial crimes, con artists, advance fee schemes, civil rights, bank fraud and embezzlement, theft of proprietary information, extortion, and undercover operations
  • Extensive training and application of interview and interrogation techniques
  • Specialty training in conducting EEO investigations

• Member, Society of Former Special Agents of the FBI

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

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Product ID: 390922
Published 2013, 2019
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