Utilizing a Private Investigator without getting into trouble Presented by: Maisie A. Barringer Rob L. Kimmons

Client is NOT a PI DON’T ADVISE YOUR CLIENT TO PERFORM SURVEILLANCE OR ANY OTHER TECHNOLOGICAL SNOOPING AS CIVIL AND CRIMINAL CHARGES COULD FOLLOW DON’T ALLOW YOUR CLIENT TO ASSIST THE PI IN SURVEILLANCE EXPLAIN TO YOUR CLIENT THAT THE PI WILL NOT COMMUNICATE DURING SURVEILLANCE (BLUE MOON)

Investigate Your Investigator Check the state licensing board for complaints, insurance coverage and license status Check length of time in practice, ask if they are experienced in “domestic” work Possible other “domestic” referrals

Who is a PI? Must be licensed by the state of Texas Attorneys while engaged in the practice of law are exempted Off-duty police officers are NOT allowed to perform PI work unless they hold a license Hiring an unlicensed PI to perform investigations carries a criminal penalty in the state of Texas

What Can a PI Do? Locate people Find assets/“bugs” Run license plates Locate and interview witnesses Locate criminal records Rebuild wiped computer hard- drives

PI Cannot Do: Trespass on private property Impersonate law enforcement Wiretap without consent or record a private conversation of which no party has knowledge Tamper with mail Harass or act unlawfully

Invasions of Privacy Setting up video in client’s bedroom Entering private offices without permission Entering home without permission

Tips for Clients Don’t use tracking devices or spyware for property you don’t own Don’t intercept text messages/ s without consent Don’t impersonate someone or create fake social media profiles Harass others (particularly in social media)

Disclosure of the PI Discovery requests Retained expert/consulting only expert Retained by the client versus the attorney