Attorneys who retain investigators to assist with their evidentiary needs should be mindful that, in doing so, they could jeopardize their reputation and standing in the event of an ethical lapse.
One of the most problematic ethical violations by investigators is direct communication with parties who are represented by counsel in the matter being investigated. Sadly, there is little guidance in this matter by the bodies that govern private investigations companies. A lawyer who assumes that an investigator is familiar with prohibitions against such contact does so at his or her own peril.
The investigative specialists of ResultQuest are well versed in the rules pertaining to represented parties. In one recent case, in which we were involved, an attorney requested interviews of opposing defendants who had been sued but not yet served with civil process. The defendants were, however, known by us to be represented by counsel in a related criminal action. Consequently, we opted to decline and made recommendations for interviews of other, unrepresented parties.
In another matter, we worked closely with the counsel for a plaintiff in a suit involving violation of a non-compete clause to devise and carry out a legally permissible undercover contact with a low-level employee of the defendant, who provided evidence that proved to be extremely beneficial to the plaintiff.
When using investigative firms to assist with evidence gathering, you need the assurance of knowing the process will stay within applicable rules and guidelines.
For almost thirty years, the clients of ResultQuest have relied on us to provide this assurance. "It's Your Move - Make it Count." Call us at 713-781-9040.
