Things to keep in mind when hiring a private investigator (and repudiating some common misconceptions):
- Those who boast utilizing “advanced investigative tools” (proprietary databases aside) only they know about, having developed “partnerships” with local cops / prosecutors, or knowing “a guy who knows a guy who works at a bank,” will provide you with information that your lawyer WILL NOT be able to make evidentiary and that will never see the light of day in court.
- Approaching a witness as a private investigator is VERY different than approaching a witness while in uniform under the color of authority. This is especially important in criminal defense cases.
- In tandem with the point above and contrary to popular belief, being former military / law enforcement DOES NOT automatically qualify a PI to provide investigative services. In many of our intellectual property infringement cases which involved developing informants and conducting undercover purchases of counterfeit goods, with rare exceptions we have found the operative’s prior law enforcement experience to be a hindrance, not an asset.
- Make certain your private investigator understands the distinction between information and admissible evidence. They ARE NOT the same thing. Many lay people and, unfortunately, police officers, do not know the difference.
- Make certain your private investigator understands the implications of pretexting, failure to identify him/herself as a PI in most jurisdictions, failure to obtain consent prior to audio recording in two-party consent states, and privacy rights and considerations when on public / private property.
- RUN from those investigation outfits that even hint at guaranteeing a result. It is certainly possible to intelligently analyze facts, draw reasonable inferences based on those facts, and implement approaches that will maximize chances of success based on our experience. It is impossible to predict the outcome of any investigation, period.
- Beware of exorbitant fees and demand clarity in this regard. There is often no way to determine the exact cost of an investigation, but an experienced private investigator should be able to give you a close estimate. Unfortunately, some of our colleagues unscrupulously charge hourly minimums, “file set up” or some other nonsense fees. Apart from deposition / trial testimony, we do not charge hourly minimums, and our hourly rate is the same for all services, with no add-ons.
- Make sure your private investigator is licensed by the appropriate governing body in their state.
Verify CA PI license
Verify NV PI license
Verify NM PI license
Verify TX PI license - Insist on a written contract that outlines the retainer amount (if any) and scope of work. These are commonly, but incorrectly, referred to as retainer agreements; they are client engagement agreements.
- A free consultation is not a selling point and does not set any company apart. A courtesy initial consultation is standard in the industry. Some of our initial consultations on more complex motorcycle accident or criminal defense investigations can be lengthy – we do not bill for that.
- Be wary of websites advertising “cheap,” “quick” or “instant” background checks. Most of them are scams, and if not, 99% of the time the information is outdated, outright incorrect or incomplete. Certainly think twice before providing your credit card information on those websites, no matter how nominal the amount.