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 practicing corporate, M&A and bankruptcy 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.

It is vital for attorneys understand that there are limits to how an investigation is conducted. Ethics rules make it clear what lawyers can say and do, and they also outline what investigators can do on the attorney’s behalf. This presentation will provide attorneys with a strong understanding of the ethical issues involved in conducting investigations.

The course will address the following topics:

• Understanding what investigators can and cannot do.
• Knowing the difference between ethical violations and criminal violations.
• The types of due diligence information that is available on individuals and corporations.
• Practical considerations when conducting field investigations, including witness statements, surveillance and locate investigations.
• Learning about the distinction between an investigation in the United State versus one conducted in other countries.
• Learning about how technology is impacting investigations.

*This course qualifies as a Transitional course and can be taken by both Experienced and Newly Admitted attorneys in NY.