Ethical Considerations in Conducting Investigations

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Investigations by lawyers are an essential element of most litigation matters. Lawyers investigate the opposing parties and the facts underlying the case through the use of third-party investigators, researching public records, interviewing witnesses and sometimes by conducting surveillance. Additionally, lawyers sometimes need to investigate their own clients or witnesses to a case. Lawyers may need more information about their own clients to assure themselves of the truthfulness of certain representations or if the lawyer suspects the client may be actively misleading the lawyer. Also, obtaining information about a witness can be essential in helping a lawyer prepare their strategy.

Additionally, attorneys often need due diligence information about their clients’ potential partners or new management teams. It’s important for the lawyers to know what information is relevant and where they can go to obtain that information. Some due diligence information is available nationwide, but other types of information is only available on a state by state or even county by county, basis.

 

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