Litigation matters often require investigations by lawyers, typically of the opposing parties and the facts underlying the case. These investigations are often conducted by third parties who research public records, interview witnesses and conduct surveillance. These actions may even apply to a lawyer’s own clients or witnesses in order to corroborate or supplement testimony. The relevance of the information and the nuances of how such an investigation should be conducted is critical to this process.

This CLE course will explain the ethical issues involved in investigations and how they can be implemented to the benefit of your case. The course will provide an understanding of what investigators can and cannot do, actions that may be ethical and/or criminal violations, the types of due diligence available on individuals or entities and practical considerations to consider. The course will address national vs. international investigations as well as how technology is impacting investigations.