Hi. How do most plaintiffs firms deal with payment for a private investigator and comport with the ethics rules? Do you always charge to client unless indigent? Can the firm eat the costs if client is not indigent or is that a violation of rule 1.8? I understand it varies state by state but trying to get a general understanding.

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Huh? It’s a case expense. You just deduct it out from the client’s recovery at the end.

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Helpful, thanks!

We just pay for it as part of the expenses and disbursements that then come out of any potential settlement later. I'm not sure I understand the question. The whole point of contingency is that the client doesn't pay anything out of pocket...

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Sorry I realised this totally wasn’t clear! I meant a situation where you want to investigate a claim before you engage a client - could you do a limited free of cost engagement where you pay an investigator to investigate their claim and only engage the client if there’s enough there? I know it’s a risky proposition from a business perspective but I wonder if there are ethical restrictions there.

Piggybacking off of this, what would a plaintiffs/PI attorney typically use a private investigator for?

I use them a lot for dog bites. Finding witnesses, getting statements. Locally they are all ex police so they can sometimes get things done faster than I can.

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