Confidential Investigations

When your need to discover information about your debtor or a potential defendant but are reluctant to discuss the case with a Private Investigator because you know your consultation is not protected by the confidentiality privilege, as it would be if you were speaking with an attorney, you can feel comfortable talking to us because Attorney Brian R. Johnston is also a Licensed Private Investigator.

This fact will benefit you when or if your investigation results in legal action because all of your communications with Brian R. Johnston are protected by the Attorney/Client Privilege. This privilege does not apply, naturally, to your conversations with someone holding only a Private Investigator's license. Any and all of your communications with a Private Investigator can be disclosed in a legal proceeding through discovery, by subpoena, or through sworn witness testimony at trial when the opposing counsel calls your Private Investigator as a witness.

This privilege is especially useful in, among others, the following situations:

•  An employer needs to discuss potentially illegal acts of an employee but is unsure if the damaging information about the employee was properly obtained and wants to avoid creating liability that could be the basis for a cross-claim.

•  A spouse in the middle of contentious divorce proceedings wants to uncover information about the other spouse before revealing his or her own sources or involvement.

•  A partner in a business venture wants to learn if his co-partner is doing anything illegal but does not want to risk the co-partner learning of the partner's involvement in the investigation.

In each of the above hypothetical situations the information obtained may or may not qualify as admissible evidence in a court of law, but it can be invaluable in forming strategic goals in any legal proceeding. And while a Private Investigator may be able to obtain the information sought, an attorney has the knowledge, training, and education to determine how best to resolve your issue without violating legal, moral, or ethical rules that would render the results unusable.

The Attorney/Client Privilege can be a very useful strategic or tactical tool in any dispute to avoid risk to your own interests before making the crucial decision to take further action. It is also extremely useful in large corporations when the political environment of that organization requires that you avoid tipping off another official or branch of the organization that an investigation has been initiated. This may apply, for example, if the branch that conducts such internal investigations may be biased or obligated to the target of the investigation to provide a favorable result because of a misplaced or improper sense of duty or obligation to the target.

Contact the Law Office of Brian R. Johnston for a confidential consultation regarding your sensitive investigation needs.