Association of Workplace Investigators Training Institute RETENTION AGREEMENTSRetention Agreement • November 6th, 2017 • California
Contract Type FiledNovember 6th, 2017 JurisdictionIt is critical that an outside investigator document the terms governing the investigator’s retention by the client. If the investigator is a California attorney, then, pursuant to the California Private Investigators Act, California Business & Professions Code §§7512 – 7573, that attorney’s investigation must constitute the rendering of legal services in order to be lawful. Accordingly, California law governing the practice of law including the California Rules of Professional Conduct, are applicable to the client’s retention of the investigator/attorney. Other jurisdictions have similar rules. The attorney/investigator may wish to consider titling the document “Legal Services Agreement” or some other title emphasizing the legal nature of the services being performed. If the investigator is not an attorney, then, of course, attorney rules do not apply.