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Utilizing a Private Investigator without getting into trouble

Learn how to effectively utilize a private investigator without risking legal consequences. Understand the dos and don'ts, investigate your investigator, and ensure privacy and ethical practices.

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Utilizing a Private Investigator without getting into trouble

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  1. Utilizing a Private Investigatorwithout getting into trouble Presented by: Maisie A. Barringer Rob L. Kimmons

  2. Client is NOT a PI • DON’T ADVISE YOUR CLIENT TO PERFORM SURVEILLANCE OR ANY OTHER TECHNOLOGICAL SNOOPING AS CIVIL AND CRIMINAL CHARGES COULD FOLLOW • DON’T ALLOW YOUR CLIENT TO ASSIST THE PI IN SURVEILLANCE • EXPLAIN TO YOUR CLIENT THAT THE PI WILL NOT COMMUNICATE DURING SURVEILLANCE (BLUE MOON)

  3. Investigate Your Investigator • Check the state licensing board for complaints, insurance coverage and license status • www.dps.texas.gov.rsd/psb/index • Check length of time in practice, ask if they are experienced in “domestic” work • Possible other “domestic” referrals

  4. Who is a PI? • Must be licensed by the state of Texas • Attorneys while engaged in the practice of law are exempted • Off-duty police officers are NOT allowed to perform PI work unless they hold a license • Hiring an unlicensed PI to perform investigations carries a criminal penalty in the state of Texas

  5. What Can a PI Do? • Locate people • Find assets/“bugs” • Run license plates • Locate and interview witnesses • Locate criminal records • Rebuild wiped computer hard-drives

  6. PI Cannot Do: • Trespass on private property • Impersonate law enforcement • Wiretap without consent or record a private conversation of which no party has knowledge • Tamper with mail • Harass or act unlawfully

  7. Invasions of Privacy • Setting up video in client’s bedroom • Entering private offices without permission • Entering home without permission

  8. Tips for Clients • Don’t use tracking devices or spyware for property you don’t own • Don’t intercept text messages/emails without consent • Don’t impersonate someone or create fake social media profiles • Harass others (particularly in social media)

  9. Disclosure of the PI • Discovery requests • Retained expert/consulting only expert • Retained by the client versus the attorney

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