Investigation: An Attorney's Vicarious Liability
September 22, 2016
Hosted by Francie Koehler, CPI, CCDI
Private investigators must be aware of how their actions may impact others. The American Bar Association’s Model Rules of Conduct sets forth directives for behavior not only for attorneys but for non-lawyers as well and are enforceable in all but eight states. Violations can result in sanctions or worse. Therefore. If a lawyer retains an investigator, that attorney is liable for the investigator’s actions. Certainly, there are gray areas in investigation tactics, but some, particularly when it applies to surveillance, pretexting, GPS tracking, and social media are mine-fields unless there is a clear understanding between the investigator and the attorney regarding the assigned tasks. Whose responsibility is it then? Ultimately it is counsel’s responsibility, but private investigators must also take the lead to ensure what techniques can be used for a particular assignment. Join PI’s Declassified and Attorney Forrest Plesko discuss strategies to avoid these ethical pitfalls.
Thursday at 9 AM Pacific Time on VoiceAmerica Variety Channel
PI’s Declassified! lets you listen in as authentic private investigators discuss their real-life cases.
Every week, private detectives spill the beans, -- discussing investigator specialties that you wouldn’t even imagine exist!
You’ll hear stories about lies and false confessions… tracking down missing persons… forensics… workplace violence… innocent people freed from prison… human trafficking… and other tantalizing cases.
Tune in to PI’s Declassified! every Thursday at 9 AM Pacific Time on the VoiceAmerica Variety Channel.
Francie Koehler, CPI, CCDI
Francie Koehler’s career as a licensed private investigator includes cases that have sparked media projects. "Unsolved Mysteries" portrayed one of her missing person cases. British author Val McDermid featured her capital case in "A Suitable Job for A Woman" and true crime writer Ann Rule chronicled a case she investigated involving a missing nightclub owner entitled "In The Name Of Love." Francie drew on her investigative and retail experience to create the 3-part video, "Loss Prevention - The Big Picture." International results included an invitation to Moscow, where she spoke to Russian nationals interested in privatization. Francie is the former two-term president of both the National Council of Investigation & Security Services (NCISS) and the California Association of Licensed Investigators (CALI). Awarded by each organization for her work, she serves as Legislative Chair for both and regularly testifies before the California State Legislature regarding bills of concern to PI’s. Francie has been recognized by her state regulatory agency for outstanding service to her profession. In addition, she holds memberships in the Council for International Investigators, National Association of Legal Investigators, World Association of Detectives, and California Attorneys for Criminal Justice. Francie also works with the Innocence Project and holds certifications as a Conflict Mediator, Legal Investigator, Professional Investigator and Criminal Defense Investigator.