Risk Assessment Flashcards

In workplace violence threat assessment, which behavior is generally the MOST concerning warning sign?

Answer: Specific statements about a plan to harm a named person, along with weapon acquisition

Threat assessment focuses on pathway behaviors such as specific targeting, planning, and acquiring weapons.

What is the main risk of an investigator talking about case details on social media?

Answer: Waiving confidentiality and privilege and exposing the client's strategy

Public disclosure can waive work-product protection and breach the investigator's duty of confidentiality to the attorney and client.

When an investigator contacts a party known to be represented by counsel, what is the key risk?

Answer: Violating the no-contact rule (ABA Model Rule 4.2) through the attorney's agent

Rule 4.2 bars lawyers and their agents, including investigators, from communicating about the matter with a represented party without consent of that party's counsel.

What does a business continuity or data-loss risk assessment for an investigative firm MOST directly protect?

Answer: Case files, evidence records, and client confidential data

Data-loss controls such as backups and encryption protect sensitive case material and client confidentiality.

An investigator photographs a subject through a bedroom window from a neighbor's yard without permission. Which risks are created?

Answer: Trespass and invasion of privacy by intrusion upon seclusion

Entering private land without permission and capturing a place with a reasonable expectation of privacy can create both trespass and intrusion liability.

Which control BEST lowers the risk of a subpoenaed investigator's notes hurting the client's case?

Answer: Recording facts objectively and avoiding speculation or personal opinions in notes

Objective, factual notes hold up under discovery, while destroying notes can amount to spoliation.

Which of the following is an example of risk TRANSFER rather than risk avoidance?

Answer: Buying general liability insurance for field operations

Insurance moves the financial consequences of a risk to a third party, while avoidance removes the activity entirely.