CLI Ethics & Professional Conduct 2

Question 1

Under ABA Model Rule 5.3, who is responsible for ensuring a legal investigator's conduct is compatible with the lawyer's professional obligations?

Accepted Answer

The supervising attorney who retains the investigator

Answer

Rule 5.3 makes lawyers responsible for reasonable supervision of nonlawyer assistants, including retained investigators.

Question 2

A defense investigator learns a witness is represented by counsel in the same matter. What is the proper course before interviewing that witness about the case?

Accepted Answer

Obtain consent from the witness's lawyer or proceed only as authorized by law

Answer

Rule 4.2 bars communication with a represented person about the matter without counsel's consent, and an investigator acting for a lawyer is bound by it.

Question 3

When interviewing an unrepresented witness, what must an investigator avoid under the principle reflected in ABA Model Rule 4.3?

Accepted Answer

Stating or implying that they are disinterested

Answer

Rule 4.3 forbids implying disinterest and requires correcting any misunderstanding of the investigator's role.

Question 4

Which federal law specifically prohibits obtaining customer financial information from a bank through false pretenses?

Accepted Answer

Gramm-Leach-Bliley Act

Answer

GLBA Section 521 makes pretexting to obtain customer information from financial institutions a federal crime.

Question 5

An investigator is asked by a client to locate a person using DMV records. Under the Driver's Privacy Protection Act, access is lawful only when:

Accepted Answer

A permissible use enumerated in the DPPA applies

Answer

The DPPA restricts disclosure of personal motor vehicle record information to listed permissible uses, such as use in litigation.

CLI - Certified Legal Investigator Practice Test

CLI - Certified Legal Investigator Practice Test

CLI Ethics & Professional Conduct 2