When contacting opposing parties, what must a licensed investigator consider if the parties have attorneys?

When a licensed investigator is in a position to contact opposing parties who are represented by attorneys, obtaining consent from the opposing counsel is critical. This is rooted in legal ethics and is designed to maintain the integrity of the attorney-client relationship. An attorney represents their client’s interests and has the responsibility to manage communications between their client and third parties, including investigators.

Contacting a represented party without the consent of their attorney can lead to several legal complications, including accusations of interference with the attorney-client relationship or even violating ethical rules governing the conduct of investigators. Therefore, it is essential for the investigator to seek permission from the attorney before initiating any contact with the opposing party to ensure that they are not infringing upon the rights of the represented individual and to uphold the legal standards expected in such interactions. This practice not only protects the parties involved but also reinforces the professional conduct of the investigator.