# Attorney-Client Privilege for PIs? (USA)



## raindog308 (Aug 12, 2014)

Let's say Sam Spade (a licensed PI in the U.S.) is hired to investigate on behalf of a client, Bridget O'Longname, who thinks her husband is cheating on her.  He tails the husband, takes pictures, etc.

Later, the police investigating the husband's murder want to see the results of that investigation, question him, ask him about his interaction with Bridget, etc.

Is there any attorney-client privilege in play?  I imagine it varies by state - I'm kind of looking for a general guideline.

My gut instinct says if the the authorities issue a subpoena, Sam is forced to divulge/turn over materials/testify/etc.  I've googled a bit and there is some privilege if Sam was hired by an attorney (for Briget) and his work was a "work product" for that attorney, but if he's just investigating on her behalf, there's no privilege.

But I am not a lawyer...just looking for a general rule on whether a PI's work would be covered by any privilege.


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## Plasticweld (Aug 12, 2014)

InstituteMan would more than likely be able to help you here.  I think he writes legal briefs and would be able to point you in the right directions

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## InstituteMan (Aug 12, 2014)

Your gut is correct. If Sam isn't an attorney, there can't be any privilege to what he sees. 

Actually, even he is an attorney, what he saw probably wouldn't be privileged, as privilege only attaches to communications from a client seeking legal counsel/representation (there is broader obligation of confidentiality under legal ethics rules, but those rules allow a breach of confidentiality in the face of a court order). So, if a client is talking to me about her court case while shooting her husband, I can't be compelled to reveal what she told me, but I can be compelled to testify about what I saw.

Work product protects more stuff, like what an attorney or someone working for an attorney learned in research, but work product protection can be broken by court order -- and I can't imagine a court NOT breaking work product protection in a murder case. 

So, even if hired by an attorney, in the scenario you lay out Sam will be subpoenaed and held in contempt of court if he refuses to testify.

Oh, you are also right that this will vary from state to state. As far as I know, though, all of the US would not find any privilege for Sam.

BTW, hi, raindog, welcome to the forums!


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