La. Admin. Code tit. 46 § LVII-713

Current through Register Vol. 50, No. 11, November 20, 2024

Section LVII-713 - Conflict of Interest: Prohibited Transactions

A. As a general principle, all transactions between client and investigators should be fair and reasonable to the client. Furthermore, an investigator may not exploit the representation of a client or information relating to the representation to the client's disadvantage. Examples of violations include, but are not limited to, the following:

1. an investigator shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless:

a. the transaction and terms on which the investigator acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted, in writing, to the client in a manner which can be reasonably understood by the client;

b. the client is given a reasonable opportunity to seek the advice of independent counsel in the transactions; and

c. the client consents in writing thereto;

2. an investigator shall not use information relating to representation of a client to the disadvantage of the client unless the client consents after consultation.

La. Admin. Code tit. 46, § LVII-713

Promulgated by the Department of Public Safety and Corrections, Board of Private Investigator Examiners, LR 19:1336 (October 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3505(B)(1).