Risk Assessment Flashcards

Before accepting a new case, what is the PRIMARY purpose of running a conflict-of-interest check?

Answer: To make sure the investigator has never worked for or against the parties in a way that could compromise the engagement

Conflict checks keep investigators from taking on matters where earlier relationships could compromise loyalty, confidentiality, or admissibility.

An attorney asks a legal investigator to record a phone call with a witness in a state that requires all-party consent. What is the main legal risk?

Answer: Possible criminal and civil liability under the state eavesdropping statute

All-party consent states such as California and Pennsylvania make it unlawful to record without every party's consent, which exposes the investigator to criminal and civil penalties.

Which federal law specifically bans using pretexting to obtain a person's customer information from a financial institution?

Answer: Gramm-Leach-Bliley Act

GLBA Section 521 makes it unlawful to obtain customer information from a financial institution through false pretenses.

During field surveillance, which factor raises the investigator's personal safety risk the MOST?

Answer: A subject with a documented history of violence and access to firearms

A history of violence combined with access to weapons is the strongest predictor of a dangerous confrontation.

What type of insurance protects a legal investigator against claims of negligent work product or professional mistakes?

Answer: Errors and omissions (professional liability) insurance

E&O insurance covers claims that arise from professional negligence or mistakes in the services provided.

In a basic risk matrix, a risk's overall rating is usually found by combining which two elements?

Answer: Likelihood and impact

Standard risk matrices rate risk by multiplying or cross-referencing how likely an event is with how severe its consequences would be.

An investigator plans to put a GPS tracker on a vehicle the client does not own. What is the main risk-assessment concern?

Answer: Many states criminalize tracking a vehicle without the owner's consent

Numerous state statutes ban installing tracking devices on vehicles without the owner's or lessee's consent, which exposes private investigators to criminal liability.