Utilizing a Private Investigatorwithout getting into trouble

Presented by:Maisie A. BarringerRob L. Kimmons

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)

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

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

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

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

Invasions of Privacy• Setting up video in client’s bedroom

• Entering private offices without permission

• Entering home without permission

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)

Disclosure of the PI• Discovery requests

• Retained expert/consulting only expert

• Retained by the client versus the attorney