what does an attorney use a private investigator for

by Christopher Considine 3 min read

Often attorneys hire a PI in order to focus their attention on the legal aspects of the case while the Investigator handles the fieldwork, background checks, and discovers the facts.Mar 4, 2019

What to expect when hiring a private investigator?

Some of the best uses of a private investigator include: Locating People A lawyer may need to locate a person in order to have him or her served in a lawsuit, to inquire about information that he or she may know as a potential witness or to find an heir.

What information can a private investigator obtain?

 · Here are 10 ways that an attorney can use a professional private investigator: 1. Locate People. It may be a witness or an heir. Perhaps it’s a former employee who can shed light on corporate misconduct. Or maybe you need to locate a witness in possession of the proverbial “smoking gun.”. Whether you would like to interview, serve, or ...

What can a private investigator find out about a person?

Often attorneys hire a PI in order to focus their attention on the legal aspects of the case while the Investigator handles the fieldwork, background checks, and discovers the facts. For example, Private Investigators can investigate the scene, find witnesses, locate assets, and gather information necessary for cross-examination during trial.

How to get a private investigator license in any state?

 · Private investigators use effective, legal methods to gather evidence that holds up in court. For example, a criminal lawyer may need to locate a witness. This witness has potentially important testimony to offer and could have relevant evidence in his or her possession. To locate witnesses, private investigators are able to:

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What kind of cases do private investigations usually involve?

7 Typical Examples Of Private Investigator CasesDivorce and Infidelity Investigations. The end of a marriage often involves the loss of trust between spouses. ... Child Custody Disputes. ... Finding Missing Loved Ones. ... Serving Legal Papers. ... Trial Preparation. ... Social Media Investigations. ... Background Investigations.

What can private investigators be used for?

Organizations, companies, and law firms also utilize private investigators to solve fraud cases, investigate workplace incidents, establish evidence for court cases, or conduct work on a variety of other issues. In particular, the insurance industry often hires private investigators to investigate insurance fraud.

Why would I be followed by a private investigator?

Like we mentioned earlier, there can be many reasons why a PI is following you. The main reason that people hire a private investigator is to solicit information that they otherwise don't have access to. They could be employed by someone in your past, by a fraudulent company, or by insurance companies.

How much does a PI cost?

How much do private investigators cost? On average, private investigators charge $105 per hour. Most people pay between $99 and $150 per hour for private investigation services.

How do private investigators get information?

The records they often use include tax records, real estate transactions, birth records, death records, voter registrations, businesses licenses vital statistics records, DMV records court records as well as death records. After analysing these information pieces, they then present it to the client.

How do private investigators track cell phones?

A licensed private investigator runs legal searches of cell phone records through databases, networking, personal contacts, and even various surveillance techniques. A private investigator is trained to work within the law on how to investigate any outgoing or incoming call records to keep the investigation ethical.

How do you know if a private investigator is watching you?

Check for strange vehicles parked near your house or places you frequently visit. If you see the same vehicle parked in your neighborhood, and you later see the same vehicle parked at the grocery store, the bank, your favorite restaurant or near your work, you might have an investigator watching you.

What databases do private investigators use?

Which Databases Do Private Investigators Use?Preferred Database. Percent of Respondents. Number of Responses.Tracers. 87.2% 387.TLO. 32.7% 145.IRB. 29.3% 130.Other* 13.1% ... IDI Data. 10.1% ... SkipSmasher. 10.1% ... Locate Plus. 9.7%More items...•

How can a private investigator help a lawyer?

Another way that a private investigator can help in a case is by helping to prepare for cross examination. A private investigator can review a witness’ background in order to use this information to discredit his or her testimony during a deposition or at trial. Likewise, a private investigator can review the client’s background so that the lawyer is aware of any weaknesses before the trial and can properly prepare for them.

Why do lawyers need private investigators?

A lawyer may need to locate a person in order to have him or her served in a lawsuit, to inquire about information that he or she may know as a potential witness or to find an heir . In other situations, a private investigator may need to locate a person who is actively hiding from law enforcement or process servers due to some type of misconduct. Still yet, a private investigator may be hired to help reunite family members due to a move or adoption. A private investigator can help locate a person so that a lawyer can interview, investigate or serve the person.

What can a private investigator do?

A private investigator can also conduct surveillance and use other investigative techniques to look into the background and current activities of the adversarial opponent. A private investigator can uncover the history and patterns or an opponent in order to inform the lawyer about the adversary’s likely next move.

Can a private investigator recover deleted files?

The electronic evidence in a case may make or break it. Private investigators may be able to recover electronic files even if they have been deleted by a user. A private investigator may review the emails, documents, voice files and audio files of a target of an investigation, whether this is an investigation for a lawsuit or an internal investigation.

Can a private investigator conduct a background check?

If the other party is not necessarily an adversary, such as a possible investor or business partner, a private investigator can still conduct a background check and investigation into this person . This gives the lawyer a better sense of who the person is and if there are any possible risks associated with this person. This technique is often used in cases requiring due diligence.

Can a lawyer garnish a person's wages?

In other situations, a lawyer may want to garnish a person’s wages or bank account or seize property in order to satisfy a judgment. Private investigators may be able to search special databases in order to find assets of value, including offshore bank accounts, domestic bank accounts, registrations of aircraft, watercraft, ...

What is a private investigator?

Private Investigators are have a lot of experience handling different types of cases and can share their expertise with you. For example, an experienced PI can help you with financial investigations or finding stolen and hidden assets. Many are also experienced in fraud investigations, such as insurance and accident fraud. Private investigators use programs and software that helps them analyze information about prior insurance claims the subject may have files, as well as any suspicious activity that comes up in the searches.

How to be an investigator?

An investigator can help you with the following tasks: 1 Prepare, serve and file legal documents such as contracts, appeals, and affidavits. 2 Conduct research from archived public records and specialized databases. 3 Gather and verify evidence 4 Validate existing evidence. 5 Investigate and recreate crime and accident scenes. 6 Work closely with law enforcement to gather additional facts.

What is a PI?

If you’re having trouble locating a witness who does not wish to be found, a PI can be your best friend. Investigators often specialize in the art of “skip-tracing,” and with the assistance of sophisticated databases plus the knowledge of developing and following up with sources, they can locate even the most hard-to-find individuals.

Why do attorneys hire private investigators?

Private investigators are commonly hired by attorneys to also locate assets. Assets can be pivotal evidence to a case. For instance, asset investigations help settle personal injury cases, collect debt, and confirm financial statements during a divorce or a child support case. Additionally, a private investigator can also help attorneys identify bank accounts as well as offshore accounts that may be strategically hidden.

What is a private investigator?

A private investigator can be used in cases where the debtor, person or company who is responsible to pay the money owed for damages attempt to conceal their assets, refuse to pay, or simply disappear to avoid payment. These private investigators should have experience in judgment recovery to have the needed skill set that helps identify assets, locate the individual and help recover the debt owed.

Why is it important to know everything about an individual before a cross examination?

Being prepped by a private investigator beforehand will give you all the needed information to get the testimony that works in your favor. Private investigators can give you information about your witnesses' background, behavioral tendencies and even any notable weaknesses. A private investigator is also useful in collecting information against your client, solely to prepare yourself for any allegations that may be brought up against your client.

Finding Credible Witnesses

Whether a lawyer is preparing a defense case or is attempting to win a settlement in a personal injury lawsuit, a credible witness can provide the information they need to win over the jury. In many cases, witnesses are difficult to find if their names and other identifying information were not recorded in an official report.

Providing Evidence of Illegal Activity

Prosecutors depend on incriminating evidence to win cases, and defense lawyers need evidence that supports their clients’ innocence. Unfortunately, it takes an extensive amount of time and concentration to put together evidence. That’s why attorneys hire Private Investigators to do the fact-finding for them.

Assisting With the Development of a Defense Strategy

A viable defense strategy is the best way for a criminal defense attorney to win a case. In particularly difficult cases, attorneys call upon Private Investigators to examine and cross-examine their defense with the case evidence.

Monitoring White-Collar Crimes

White-collar crimes are some of the most difficult cases due to the nature of the crimes. People who commit white-collar crimes are often highly-educated and know how to effectively cover up their illegal activity.

Assisting With Estate Cases

When a person dies, they will often leave their estate to an heir. Unfortunately, that heir is not always easy to find. Estate attorneys hire Private Investigators to research and find friends and family members of the estate so they can close the case.

Enroll in Online Private Investigator Training Courses Today

If you’re interested in exploring a career in Private Investigation, the National Investigative Training Academy, Inc. (NITA) provides online pre-licensing, continuing education, and professional development courses for Private Investigators.

Why engage an investigator at all?

Given the ever-increasing risks of investigations gone awry, why engage an investigator at all? Because thorough preparation is an ethical responsibility.

What is the meaning of "a lawyer shall proceed as is reasonably necessary in the best interest of the organization"?

“If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act… [In] violation of law which reasonably might be imputed to the organization, and is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization.”

What is the legal and ethical responsibility of third parties?

Legal and Ethical Responsibility for the Conduct of Third Parties: Actions of third parties acting under an attorney’s direction, such as investigators, can be imputed to the law firm or organization in the context of attorney ethics.

What happens if an attorney becomes a fact witness?

If an attorney becomes a fact witness in his own case, he may be required to resign as counsel. While conversations between an attorney and his clients, and, to a lesser extent, clients’ “agents” may be privileged, interviews of witnesses or other third parties by the lawyer are not.

Is it necessary to know if an investigator is violating the law?

Thus, it is imperative to know whether the conduct of your investigator is, or is not, violating the law.

Can a lawyer be adequately prepared?

A lawyer cannot be adequately prepared unless he knows the applicable law and the available facts, information and potential evidence that can be utilized to the client’s advantage.

Is it ethical to work with investigators?

Updated: June 09, 2020. For attorneys working with investigators, there are still ethical and even legal responsibilities for the actions of those they retain to help with a case.

What is the objective of a lawyer's investigation?

The objective is to protect your communication and the investigation as either attorney-client privilege or attorney work-product. If handled with tact, the results of the investigation can avoid the discovery process which can be a crucial advantage to your case down the road.

What is work product in private investigators?

The definition of work-product is a protection by privilege under an attorney’s guidance of strategy, theory, notes and communication to and from others. Work-product privilege allows attorneys to prepare for a case knowing the opposing side can not have ...

What is attorney client communication?

Attorney-client communication is recognized as privileged communications. It is intended to encourage honest and complete communication between a client and an attorney, regardless of whether the lawyer has been hired or paid . A client only needs to seek advice from an attorney-client privilege to exist.

What is the most frequently asked question by potential clients?

One of the most frequently asked questions by potential clients is whether the information provided by a private investigator is privileged or confidential.

How to keep investigation out of discovery?

To keep your investigation out of discovery and ensure your communication remains private, assign and report case information verbally between a lawyer and private investigator. The attorney can provide a written report of your investigation to the client. That information will remain privileged and confidential.

Can you write a verbal report to an attorney?

From the article: “Generally speaking, if you are not sure whether your communication with your attorney-client will be considered by the court to be privileged attorney work-product, don’t write it down. Verbal reports to your attorney-client are always the preferred method of communication, unless you’re instructed otherwise by the attorney. The attorney’s notes from your verbal reports and discussions are not discoverable.”

Is it too late to hire an attorney after an investigation?

If you hire an attorney after the investigation, it will be too late. Any communication prior to your lawyers involvement will not be subject to work-product or client privilege.

What is Investigation Hotline?

Over the last thirty years, Investigation Hotline has interacted with thousands of clients who have differing perspectives and ideas as to what private investigators are able to do within their trade. People are often misguided by movies and television shows they watch depicting private detectives as mysterious, gun toting spies that wreak havoc in the night. However, contrary to popular belief, licensed private investigators are unable to perform the majority of things that are portrayed in popular culture. Let’s dig into eleven things that private investigators can and can’t do.

Can a licensed PI get medical history?

They can, however, interview associates, friends and family of the subject to obtain information as to their medical history. In other words, if people are willing to share this information, a licensed PI will get it.

Can a private investigator access someone's phone records?

Retrieve Phone Records – Similar to credit and financial information, private investigators are unable to legally access another person’s phone records. These types of records are protected by telecommunications companies and both provincial and federal laws. Using investigative techniques, a PI may be able to uncover the subject’s phone number and phone carrier, and is fully within their legal rights to do so.

Can a private investigator track a vehicle?

Track Someone with GPS – Licensed private investigators can track a subject’s vehicle with GPS, depending on the circumstances. In Canada, if the PI has the permission of the owner of the vehicle that the subject is driving, GPS tracking may be legally use to locate and follow the car. This can be particularly helpful in cases ...

Can a private investigator enter a property?

Trespass on other people’s property – Private investigators are sometimes permitted to enter the property of another person’s but they must exercise caution. A fine line exists between trespassing and breaking and entering which the licensed PI must walk carefully. In most situations, permission is required from the owner of a property before the PI can enter the premises.

Can a private investigator search for license plate numbers?

Search License Plate Numbers – Yes, private detectives are able to access and run plate numbers for specific investigative purposes. However, limits exist to when and how far this power can go. For example, a licensed PI cannot run a plate number simply because you’re curious about a particular individual. They must have legal justification before doing so.

Can a private detective give a second opinion?

Work with the Police – At times, private detectives are put on retainer to give a second opinion on a police case. For example, if police officers investigate a suspected burglary and report that no forced entry was found, private citizens can hire a licensed PI for an alternative opinion.

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