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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115460
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is an attorney permitted to re a private investigator to

Customer Question

Is an attorney permitted to hire a private investigator to investigate his client with out the clients permission or knowledge?
if the answer is yes - is the information discovered by PI subject to privilege?
If the answer is no, what recourse can be taken against an attorney in these circumstances?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no law that prevents an attorney from investigating his client without the client's permission. The information gathered by the attorney about his client during the representation of the client is considered privileged information and cannot be disclosed as the rules of professional conduct prohibit release of any information that would harm the attorney's own client and make that protected information by privilege.
Customer: replied 1 year ago.
is an attorney required to provide copies of any information discovered by the PI to the client?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the attorney paid for the investigation, it belongs to the attorney as his work product, so he does not have to turn that over to the client.