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The Evolving Rules Governing the Use of Investigators

By Stanley S. Arkin, Sean R. O'Brien and Sara A. Welch
December 21, 2007

Most attorneys involved in the investigation or defense of complex business crimes will turn to private investigators to assist them in developing the facts. Given the breadth and nature of many modern criminal investigations, the use of private investigators is almost becoming a necessity. Yet many basic rules governing their use are unclear or in flux, especially when it comes to monitoring or gathering electronic information. The consequences of an ill-supervised or, even worse, unlawful investigation can range from the exclusion of evidence to criminal prosecution, always with the risk of severe reputational damage to the client on whose behalf the work is performed. In this article, we identify some key issues to guide attorneys in this important area.

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