Presentation: American Inns of Court, Lawyers Club of San Francisco Inn Ethical Considerations in the Role of the Private Investigator in Civil and Criminal Proceedings

This program looks at the roles of private investigators in civil and criminal cases. An examination of extrajudicial actions investigators may have in their investigative toolbox, witness interviews by the investigator, when to retain the investigator, what circumstances might warrant a covert operation, coaxing the reluctant witness etc.

Standards of ethical conduct, how far an investigator can go to “plant opportunities” or develop a counter-narrative; the attorney’s potential exposure in monitoring (or failing to monitor) the conduct of his/her retained private investigator.
The program concludes with a discussion of the Private Investigator on the Witness Stand. Exploring Fact Patterns in Criminal Cases. The role of the private investigator in a criminal proceedings – both in the context of packaging cases for prosecutors and in working for the criminal defense team. This program draws on the mythology of the private detective: symbolic and the substantive. Techniques of the Private Investigator. Use of stage craft and cognitive dissonance.