Lawyers play a pivotal role in litigation matters through thorough investigations. They delve into the parties involved and the factual backdrop using various methods like third-party investigators, scouring public records, witness interviews, and sometimes surveillance.

Occasionally, lawyers also probe into their own clients or witnesses to ensure accuracy in representations or to address suspicions of deceit. Understanding clients' backgrounds aids in crafting effective strategies, especially in corporate, M&A, and bankruptcy practices where due diligence on potential partners or new management teams is paramount. Navigating the landscape of available information, whether nationwide or localized, is crucial. However, lawyers must operate within ethical boundaries, respecting rules governing their actions and those of investigators.

This presentation aims to equip attorneys with insights into ethical considerations in investigations, covering topics such as delineating permissible actions by investigators, distinguishing between ethical and criminal breaches, accessing due diligence data, practicalities of field investigations, differences between domestic and international inquiries, and the impact of technology on investigative practices.