The Attorney’s Private Investigator

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Author: Pierre McLean

The successful results achieved by competent attorneys in litigation, client representation or negotiations, etc. are a culmination of collaborative efforts orchestrated by counsel, support staff and independent experts. Counsel analyses and uses the information provided from resources that are deemed supportive of achieving the desired outcome. The strength and effectiveness are sometimes dependent on the vigilance and expertise of in house support staff, adjunct experts; especially private investigators. “Behind every good attorney is a good private investigator”. The relationship is built on trust, honesty and confidentiality.

Attorneys are adept at representing clients, filing the necessary motions in courts, negotiating issues, etc, but not in doing in depth investigative background checks, surveillance, locating witnesses, conducting field interviews, finding assets for judgments, investigating fraud, all things that a competent private investigator is proficient in doing and it augments the effectiveness of counsel by having the most timely, essential, relevant and pertinent information to formulate a position for representation. A good private investigator can provide answers by utilizing surveillance, discreet interviewing of neighbors, accessing databases and hitting the streets and implement good old fashioned gumshoe techniques. They are ethical professionals who usually utilizing expertise, knowledge and competency acquired in former careers and diverse industries, e.g. Law Enforcement, Journalism, Insurance, etc. This diversity enhances the effectiveness of the private investigative industry collectively and creates better value to prospective attorneys seeking resolutions to problems affecting their clients.

The utilization of private investigators by attorneys can be beneficial depending on the quality of the information acquired, the legality of its acquisition and the disposition of its content. The attorney’s legal knowledge is paramount in defining parameters of investigative services, but the procedures and techniques used are dependent on the legal and investigative knowledge of the private investigator. This magnifies the significance of the credibility, honestly and professionalism of the private investigator because the fact that work is done on behalf of hiring attorney makes the attorney substantially responsible for investigator’s actions and adherence to procedural legality. Both professionals reputations are on the line and nothing should be done to jeopardize or undermine its characterization.

Information in itself though valuable, unless it is contextualized and presented appropriately will not achieve the objective for which it was acquired. Herein, the private investigator’s ability to present testimony in court is crucial. All the characteristics of a competent professional are desirable in this venue and it the responsibility of counsel to prepare the investigator for formal testimony and preparation for cross examination by opposing counsel. The delivery of information in court will effectively convey the facts and circumstances deemed essential to the case and counsel’s reliance on investigator’s testimony. It is something that should never be underestimated. The normal protocol of appropriate attire, demeanor, preparation, etc. is recommended as well. This is a coordinated effort to present an intelligent, knowledgeable and truthful expert’s representation or maybe recollection of facts, circumstances or opinions that will assist the Trier of Facts to make an informed decision.

The relationship between an attorney and his private investigator as stated earlier is predicated on trust. A professional investigator will not compromise this trust and will always act in the best interest of the attorney as long as it does not conflict with the law. However, in a relationship between two ethical professionals the issue of legality of action will not normally be an issue unless ignorance of the legality of the action is a factor. The combined knowledge of the attorney and private investigator should substantial be able to mitigate the possibility of this occurring.

Pierre A. McLean is the owner of Peace of Mind Private Investigators located in Forked River, New Jersey, an investigative consulting firm which offers a boutique of services. He can be contacted at Peace of Mind Private Investigators, P O Box 1004, Forked River, NJ 08731, Tel: (609)971-0356, Fax: (609)971-3999, email: macself@aol.com, website:Peace of Mind Private Investigators