Abstract

http://ssrn.com/abstract=2239732
 
 

Footnotes (82)



 


 



New Private Privacy Intrusions in Illinois During Prelitigation Civil Claim Investigations


Jeffrey A. Parness


Northern Illinois University - College of Law

March 25, 2013

33 Northern Illinois University Law Review 563 (2013)

Abstract:     
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or the lawyer’s agent. Liability might fail, however, if there was a privacy waiver.

The circumstances permitting lawyer liability for intrusion upon seclusion during prelitigation civil claim investigations often include violations of the lawyer ethics rules employed for lawyer discipline. Because those harmed by lawyer intrusions seem far more likely to complain in their own civil suits than in lawyer disciplinary proceedings, in the future lawyer presuit civil claim investigations will increasingly be scrutinized under lawyer ethics rules in tort rather than disciplinary settings.

The Lawlor rationale raises many questions about lawyer liability for private privacy intrusions during civil claim investigations, including questions about agency, deceit and waiver. After Lawlor, Illinois lawyers will investigate civil claims even more cautiously than in the past.

Number of Pages in PDF File: 16

Keywords: Privacy, civil claim investigations, legal ethics, professional responsibility for lawyers, intrusion upon seclusion, fact investigation, Lawlor, deceitful investigation, pretexting, private investigators, lawyer oversight of nonlawyers, law firm supervision, lawyer supervision

Accepted Paper Series


Download This Paper

Date posted: March 28, 2013 ; Last revised: July 8, 2013

Suggested Citation

Parness, Jeffrey A., New Private Privacy Intrusions in Illinois During Prelitigation Civil Claim Investigations (March 25, 2013). 33 Northern Illinois University Law Review 563 (2013). Available at SSRN: http://ssrn.com/abstract=2239732

Contact Information

Jeffrey A. Parness (Contact Author)
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
Feedback to SSRN


Paper statistics
Abstract Views: 96
Downloads: 13
Footnotes:  82

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.359 seconds