Could an investigator's undisclosed recording of a witness affect the hiring lawyer under the ethics rules?
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This page answers the general question as of 1995. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer hired an investigator as an independent contractor and did not direct how witness statements were taken. The investigator recorded a witness without telling the witness.
The opinion answered yes to whether this had implications for the lawyer under Rules 4-8.4(a) and (c). It gave no further explanation of the particular implication or sanction.
Currency note
This 1995 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.
Common questions
Q: Did contractor status remove the lawyer-ethics issue?
A: No. The question assumed contractor status, and the opinion still answered yes under Rules 4-8.4(a) and (c).
Q: Did the opinion identify a specific sanction?
A: No. It cited the rules and gave no further analysis.
Background and rules framework
The opinion cited Missouri Rules 4-8.4(a) and (c) in response to a question about a hired investigator recording a witness without disclosure. It did not explain the rules further.
Citations and references
Rules of Professional Conduct:
- Missouri Rule 4-8.4(a)
- Missouri Rule 4-8.4(c)
See also
- Missouri Formal Op. 123: Recording nonclient conversations
- Missouri Informal Op. 950115: Insurance agent estate seminar
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/950074/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: If Attorney hires an investigator as an independent contractor and does not instruct the investigator on the manner of taking statements from witnesses, will it have implications for Attorney if the investigator tape records a statement without informing the witness that the conversation is being recorded? ANSWER: Yes, under Rule 4–8.4(a) and (c).
What do the rules say today, for your facts?
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