· We always tell them the same thing: “You should call your attorney’s office and ask to speak to your attorney’s assistant, paralegal or secretary and explain the situation…that you want to switch law firms and go somewhere else. Before you do that, make an appointment to sit down with your attorney.
· New York General Obligations Law Article 7 exempts licensed attorneys and their full time employees from the requirement of having a state-issued private investigator license that is otherwise required to engage in most forms of investigative conduct in New York; without this license, or an exemption, engaging in conduct defined in Article 7 as investigative conduct …
· The date and time the call is returned. We operate on a same-day call-return schedule (no later than the following morning to callers in a later time zone). It can be done, even with dozens of calls. Insist on it. But only if you’ve followed these suggestions. 2. Don’t Overreact Lawyers live in a world of overreaction.
· It is never too early to discuss a possible criminal case with an attorney. The Right Representation for Your Criminal Defense Sound legal advice can mitigate the collateral …
Given the ever-increasing risks of investigations gone awry, why engage an investigator at all? Because thorough preparation is an ethical responsibility.
It is critical for lawyers to understand that investigative conduct is falling under increasingly close scrutiny. The universe of laws and regulations governing the scope of permissible investigative conduct is ever-expanding while the momentum propelling this oversight grows rapidly. Further complicating this fluid situation: relevant laws and regulations may vary significantly from one jurisdiction to another.
Retaining this outside assistance, however, does not mean that the lawyer abdicates responsibility for how the investigation is handled. Lawyers have ethical and even legal responsibility for the actions of those they retain, especially investigators. The nature of investigative work, particularly the ever-shifting boundaries ...
Accurate and reliable facts, information and evidence are essential to properly handle any legal case or matter. For many valid reasons, an investigator from outside the lawyer’s firm often gathers these facts, information or evidence.
Updated: June 09, 2020. For attorneys working with investigators, there are still ethical and even legal responsibilities for the actions of those they retain to help with a case.
“If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act… [In] violation of law which reasonably might be imputed to the organization, and is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization.”
The G-L-B Act, also known as the Financial Services Modernization Act of 1999, carries stiff (including criminal) penalties for using false pretenses to obtain private banking information — a practice that, until this law, had been commonplace among private investigators.
Lawyers: A Client’s Manual by Joseph McGinn tells the steps to use if you’ve reached the point of no return:
In contingency fee cases, the fee may still be due upon recovery by the new attorney unless you can show good cause for the dismissal . Good cause usually involves a serious mishandling of the case or the client, including:
While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.
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You don’t have to write the Gettysburg Address. Just confirm the status of the case, fee or whatever else was discussed. State the next step that must be done, who is going to do it, and when it will be completed.
If your attorney knows the area of law, even fees in trade secrets cases can be predicted accurately. Push for numbers regardless of whether you did at the beginning. Then you should be able to avoid this problem in the future.
Most people who seek the services of a lawyer expect to pay. A responsible client will not start litigation he can’t afford if he knows that you will have to stop work if he doesn’t pay the fee as agreed.
But if you are unsure of how to locate one on your own you may want to check out the National Association of Legal Investigators (NALI) ( www.nalionline.org ). To gain membership in this organization, prospective members go through a rigorous application and referral process. That process ensures that only the highest technically qualified and ethically based individuals can claim NALI membership.
Too often a PI is nothing but a hired gun for his or her side in a legal dispute. Some will shade the witnesses they interview and the evidence they gather to ensure their side prevails. A legal investigator will only deal with the truth. His aim is to assemble as complete a factual picture of the situation as possible. By providing this picture, the legal investigator arms the attorney with the truth so he or she can guide their client to the most advantageous decision.
Trust in others can be tough. However; if an attorney knows he has hired a legal investigator for the job, he can rest assured that trust is warranted. Not only can the investigator interview and analyze witnesses, discover and examine evidence, help with the logistics for trial; he can also be a collaboration partner. The legal investigator is there to give you the benefit of his years of investigation and legal experience in deciding an effective case strategy
The lawyers have the tough job. In the end, they are the ones who must stand before a judge and jury and convince them that their client’s position is the right choice in the dispute. Nobody ever condemns the investigator for doing a bad job, it all falls on the attorney.
They can see what witnesses and items of evidence are favorable or harmful to the client. They can see how things might play out in the courtroom. Because of their prior employment they normally have a good understanding of police techniques, forensics, interviewing tactics and evidence.
But the big difference between a PI and a private investigator who is also a legal investigator is knowledge and vision.
Most legal investigators I know want to have case ownership along with the attorney. They are ready and able to be a full member of the legal team for the client and do everything within their power to bring about the best results possible. Take advantage of the investigator’s pride, passion, and professionalism and you will be pleasantly surprised with the results.
But when failure to return calls or answer emails becomes the norm, you may wish to break ties and seek new representation.
If your lawyer fails to handle your case competently, including intentionally ignoring you or by being too busy to work on your case, you may be able to take action through a legal malpractice suit.
To end the relationship, send a written letter, preferably certified with a return receipt requested. The letter should explain your concerns with the lawyer’s inattentive behavior and request a complete copy of your file.
Before terminating your relationship with your attorney, read your retainer agreement. The retainer agreement serves as a contract for services between you and your lawyer. It should clearly define the terms of your relationship and what happens if you chose to end it.
Lack of communication is one of the leading reasons clients choose to seek a new lawyer. While lawyers are often busy attending court, meeting with other clients or preparing a case, persistently failing to return calls or emails can damage the relationship and case beyond repair.
Do not return the detective's phone call. If the detective reaches you, do not speak to him/her. Let them know that you are not going to speak to them without your attorney present. Then shut up. Retaining an attorney is beneficial because then they cannot speak to you directly and will stop calling. Good luck.
You can be arrested if the police are able to gather enough evidence to support potential prosecution. That's why they want to talk to you - to see if you will incriminate yourself. There is no other reason.#N#Do NOT talk. That is your right under the 5th Amendment.
You have an absolute constitutional right to remain silent and not make any incriminating statements. Your failure to communicate cannot have any bearing on case, other than simply not participating in their investigation.
You cannot be arrested for not talking with the police about any check incident. You can be arrested if they have other evidence of a crime.#N#Good idea to hire counsel. Let counsel do the talking, if any needs to be done.
The answer is no, you cannot be arrested for failing to return a phone call within a certain period of time. There is no law obligating you to even return the call .
No! And you never call a detective without an attorney. You will be incriminating yourself. Only your retained attorney should be contacting law enforcement. Law enforcement cannot be trusted. They will take what you say and use it against you. I have 19 years working with law enforcement if you need assistance. I used to work for LAPD...
You are properly exercising your 5th Amendment right against self-incrimination. The detective can only arrest you if and when he has probable cause to believe that you have committed a crime. Retain a lawyer to help you and build a solid defense. Detectives frequently threaten and intimidate witnesses and suspects (improperly) as a way to gain cooperation, albeit coerced cooperation. Stand your ground and make him prove a case.