|
The Attorney's Rules
Frequently, I am misquoted and taken out of context on the subject of pretexts. Many investigators, including myself, regularly operate using subterfuge. (Would anyone expect a PI. to be introduced to 40 thieves as the undercover investigator documenting their nefarious deeds?)
Pretext work has rules and restrictions, but it is often a productive means of obtaining necessary information. It is unquestionably an efficient, respectable and ethical tool of investigation when performed properly. But pretexts may never be employed by a P.I. working for an attorney. As an agent of the attorney, the investigator is bound by the ethics of the legal profession in addition to the ethics of the general investigator.
This principle also applies in other areas. For instance, investigators working drug cases cannot make drug buys unless they are working in cooperation with law enforcement. In these
situations, the investigators are bound by the restrictions applied to the police in areas such as
entrapment - restrictions which would not apply to the private sector in other cases
An attorney giving a carte blanche to an investigator shouldn't be surprised if the P.I. heads directly for an interview for an interview with an opposing witness who is represented by counsel. This is a logical move since the investigator is not a swami and likely has no idea this is a breach of legal ethics. Attorneys must explain the rules of their profession to their investigators.
Likewise, attorneys making objections during the deposition of their investigators shouldn't be astounded if, after the objection, the investigators ramble on. speculating on situations they have no expertise to evaluate.
Attorney should take the time to explain meanings of objections. Most P.I.s are not lawyers or paralegals and have no idea such objections are warning signals they should recognize and understand.
Conclusion
California attorneys with good working relationships with investigative agencies often found that a synergy develops that insures success on the most difficult of cases. Michigan attorneys will benefit by considering this valuable, but seldom tapped, resource.
__________________________________________________
|
|
