Associates in Forensic Investigations - Death Experts
Contact us:
  • Home
  • Contact Us
  • Dismissed Homicide
  • Life Insurance Win
  • Survivor Benefits Win
  • Principals' Bios
  • Sample Cases

Investigator Ethics Involving Social Media

7/18/2016

0 Comments

 
Picture
Investigator Ethics Involving Social Media
Emerging technologies - from drones and GPS to social media and cloud storage - they may help or hinder our investigations, and become the subject of laws, regulations and ethics.  Ethics are the moral fiber of a profession.  Ethics are not optional - they are as required as laws and regulations - and violating them may lead to administrative punishments from fines to license revocations.  The actions of a private investigator, particularly when retained by an attorney, are guided by our own ethics and that of attorneys - and any violations can impact the attorney.  Ethics are promulgated by the American Bar Association, and also by the individual state bar associations.  It is important to know those applicable to the states in which you conduct business.

In a recent GIMG.tv episode for this month, Dean interviewed expert Kitty Hailey, CLI, about the impact of social media in our ethics - the impetus for the 3rd edition of her book, The Code of Professional Conduct.

Colorado has new formal ethics opinions for attorneys specifically related to social media contact and investigations.  These were presented by attorney Forrest Plesko of Childs & McCune at a PPIAC meeting earlier this year.
1. A lawyer cannot do through a private investigator what he cannot do himself; and
2. A lawyer is vicariously liable for any private investigator misconduct.

Specific to social media, Colorado's formal ethics opinion (127) of 09/2015, provides what attorneys and investigator may and may not do.
The lawyer and the investigator acting as the attorney's agent, may:
1. View the public portion of a person's social media profile and posts; and
2. Request access to restricted portions of an unrepresented person's social media profile and posts only after the lawyer / investigator identifies himself as a lawyer / investigator and discloses the general nature of the matter in which their client is represented.

The lawyer and the investigator acting as the attorney's agent, may not:
1. Request access to restricted portions of a represented person's social media profile without first obtaining permission from the represented person's attorney;
2. Use a third party to access restricted portions of a person's social media profile (i.e. friending a friend to gain access);
3. Use any form of deception to gain access to a restricted portion of a social media portion or website (i.e. fake profiles); and
4. Avoid these prohibitions by delegating to others (i.e. hiring an uninvolved 3rd party or investigator).


Our Code of Ethics is posted at   
www.deathcasereview.com/ethics.html

We have posted commentary of ethics in our profession at:
- www.deathcasereview.com/afi-llc-blog/professional-ethics
- www.deathcasereview.com/afi-llc-blog/pi-ethics-and-morals
- www.deathcasereview.com/afi-llc-blog/ethics-for-the-professional-investigator-and-attorney2
- www.deathcasereview.com/afi-llc-blog/investigator-ethics-for-the-pi-consumer-and-client
- www.deathcasereview.com/afi-llc-blog/ethics-for-the-professional-investigator-and-attorney-relationship

We have also developed a FREE online distance learning course for PI ethics at www.InvestigativeCourses.com


0 Comments



Leave a Reply.

    Picture
    Picture
    Picture
    Picture
    We post News of Our Profession, Conferences & Training, Case Studies
    and other related content daily on our agency social media – follow us:

    www.linkedin.com/company/4n6associates

    www.twitter.com/4n6Associates

    Search Blog Archives
    by keyword(s):

    Picture
    Picture
    Picture

    Archives

    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    December 2016
    July 2016
    May 2016
    April 2016
    February 2016
    July 2015
    June 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    February 2014
    January 2014
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011

(c) 2025 Associates in Forensic Investigations LLC ~ Expert Medicolegal Consultants & Legal Investigators
A Rocky Mountain West Agency - National Consultations (888) 281-6912 ~:~ [email protected]

The information found on this website is for general information purposes only. Any information found on this website does not constitute advice or a solicitation of clients, nor does it create a relationship between the reader and Associates in Forensic Investigations, LLC or its principals.