UNITED STATES SEPTEMBER 7, 2015 : In order to meet the criteria of attorney work product, a document must be “prepared in anticipation of litigation”. This means that the evidence developed by the investigator is not protected from discovery by the other side until an actual dispute or claim has arisen.
Attorney-client privilege and work product protection of internal investigations often turns on a complicated and fact intensive inquiry. Companies can protect themselves by properly structuring their internal investigations from the outset.
For example, if an employer believes that one of its employees has been embezzling money while working in the accounting department, it can hire an attorney, who can then retain the services of an investigator, and they can begin preparing a case against the employee. The “work product” resulting from the work of the attorney and his or her investigator is then protected and the information they gather may be used for civil and possibly criminal prosecution. This is the point at which the ‘anticipation of litigation’ begins.
Even when a privilege applies to an investigator’s work, it may be waived under the same rules and exceptions applicable to attorneys. By listing a private investigator as a witness, a party is deemed to waive the work product privilege with respect to matters covered in the investigator’s testimony. United States v. Nobles, 422 U.S. 225 (U.S. 1975). Voluntary disclosure to others and failure to timely assert work product protection or attorney-client privilege are other common sources of waiver.
Litigation typically involves an Inquiry into the assets of each of the parties in a lawsuit. Any asset investigation should include the expertise of a private investigator and the unique resources they can access for the parties and attorneys on each side. AssetSearchPro.com can help you with this important service.
Being knowledgeable about the specific nuances of the numerous information brokers and their databases is critical for anyone engaged in public record data research. An expert investigator who is adept at accessing this data has a broad range of important information readily available. However, one must have both the knowledge and experience required to access the full scope of the public records information network.
Visit www.assetsearchpro.com for more information or call (800) 775-6132.
Filed under:Asset Searches, Blog, Private Detective, Private Investigator, Professional People Search Private Investigator,
The accuracy of data submitted by the requestor will directly determine the accuracy of results obtained. While the information we furnish is from reliable sources, its accuracy is not guaranteed. Use of available data may be affected by the Fair Credit Reporting Act ("FCRA"), the Fair Debt Collection Practices Act, the Graham-Leach-Bliley Act, and/or federal and state privacy laws. Our investigative reports are prepared by Asset Search Pro, at the specific instance and request of our clients. Clients agree by accepting our reports that reports and information received from Asset Search Pro, are strictly confidential, and are intended solely for our client's sole private, exclusive use. Any other use, communication, publication or reproduction of our reports, or any portion thereof, without the written consent of Asset Search Pro, is strictly forbidden. By ordering and accepting delivery of this report, our client agrees to indemnify Asset Search Pro, against any damages or claims resulting from any such unauthorized use. Our reports are not a recommendation, endorsement or approval of any kind, with respect to any specific transaction, decision or evaluation, and should not be relied on as such under any circumstances. All information contained in our reports is confidential and proprietary, i.e., our work product, hence our property as provider of our reports.
No warranty or guarantee of a particular outcome, result or recovery of information is promised or implied by Asset Search Pro, or by the materials presented on Assetsearchpro.com. Asset Search Pro agrees to work to achieve the goals of any client work or engagement with aggressive, professional methods, within the bounds of the law.