Legal and Privacy Principles Flashcards

A private investigator is hired by an attorney to conduct interviews for a pending civil lawsuit. The investigator's notes and reports are shared directly with the attorney. Under Nevada law, what is the primary legal doctrine that protects these communications from being discovered by the opposing party?

Answer: The Work Product Doctrine

The Work Product Doctrine protects materials prepared by or for an attorney in anticipation of litigation. Because the private investigator is working as an agent for the attorney to prepare for the lawsuit, their reports and notes fall under this protection, preventing the opposing counsel from easily accessing them during discovery.

A licensed private investigator in Nevada makes a telephone call to gather information. To build rapport, the investigator implies they are a law enforcement officer, hoping to make the person more cooperative. According to Nevada Revised Statutes, what is the potential criminal penalty for this action?

Answer: A gross misdemeanor

NRS 199.430 states that falsely pretending to be a public officer, including a police officer, for the purpose of defrauding or injuring another is a gross misdemeanor. This offense is punishable by up to 364 days in jail and/or a fine of up to $2,000.

Under NAC 648.3395, which of the following best describes the confidentiality requirements for an application for registration submitted by a prospective employee of a licensed private investigator?

Answer: The application is confidential and a licensee shall not use the information for any purpose other than determining employment eligibility.

Nevada Administrative Code (NAC) 648.3395 explicitly states that an application for registration is confidential. It further prohibits a licensee or their employee from accessing or using the information for any purpose other than what is necessary for the performance of their duties, unless otherwise permitted by law.

A private investigator is hired for a child custody case. The client asks the investigator to place a GPS tracking device on the vehicle of the other parent, who is a co-owner of the vehicle but is unaware of the device. What is the legal status of this action in Nevada as of July 1, 2023?

Answer: Illegal, as it constitutes unlawful installation of a mobile tracking device without the consent of all owners/operators.

Following the passage of Assembly Bill 356, effective July 1, 2023, it is illegal in Nevada to knowingly install a mobile tracking device on a motor vehicle without the knowledge and consent of the owner or lessor. A first-time offense is a misdemeanor.

A private investigator in Nevada concludes an investigation for a client who is not an attorney. The client later requests a copy of all investigative reports and evidence collected. Which of the following is true regarding the confidentiality between the investigator and this client?

Answer: The communications are confidential, but generally not privileged, and could be subject to discovery in a lawsuit.

While an investigator has a duty of confidentiality to their client, this does not create a legally recognized privilege (like attorney-client privilege) that would shield the information from a court-ordered discovery process. If the client becomes involved in a lawsuit, the opposing party could potentially subpoena the investigator's reports and testimony.

According to NRS Chapter 648, a licensed private investigator has a professional duty to protect their client's information. Divulging information learned during an investigation, without the client's consent or a legal mandate, is a basis for disciplinary action. What is this fundamental principle called?

Answer: Confidentiality

The principle of confidentiality is a cornerstone of the private investigation profession. NRS 648.150 includes divulging information without authority as a ground for disciplinary action. This duty requires the investigator to protect all non-public information obtained during the course of their work for a client, unless legally compelled to disclose it.