What To Do Before Hiring a Private Investigator

by Bruce Kingsland

When it comes to hiring a private investigator, the most common misconception is that all investigators are basically the same and can simply be compared by cost. If your assignment pertains to potential or existing litigation and is - or eventually could become - sensitive in nature, the price of hiring an investigator should be the final question you take into account, never the first. Here's why.

Like legal counsel, most investigators have areas of specialization. Your goal is to determine what that specialization is and whether it's in line with what you want the investigator to accomplish. The difficulty in this objective is the vast majority of investigative firms claim to "specialize" in everything. Open any yellow pages over the last several decades and you'll see ads that state, "We Specialize in Civil, Criminal, and Domestic Investigations." What else is there?

Talk with your candidate about his or her experience in the particular issue you face. If the investigator's experience is largely in surveillance and serving subpoenas, you may want to reconsider sending them into the field to conduct sensitive interviews or handle a complex financial matter. The reverse is also true, in that those who specialize in complex litigation matters may not be the best choice to conduct surveillance, as they may not have the equipment or resources of a firm that specializes in surveillance. Most people wouldn't hire a criminal defense lawyer to handle a complex business litigation matter and the same holds true for investigators.

When discussing the assignment with the chosen investigator, it is imperative they learn as many details as possible in order that they are clear regarding the facts, your objective, and pertinent legal issues surrounding the case which may effect how the investigation is performed. The questions who, what, when, where, why and how are fundamental to this discussion, and you should be cautious of investigators who don't ask enough questions.

Now that your investigator has a clear understanding of your issue, he or she should provide you with various options as to how your objective can be reached and discuss the pros and cons of each, so there are no misunderstandings or unrealistic expectations.

Once you're comfortable the investigator is qualified to handle your case, ask who, specifically, will perform the work. The person with whom you initially speak may not be the one to conduct the actual investigation, so you will want to know the background and experience of the agent who will perform the work.

As with any professional matter, establish how you want the investigator to communicate with you and set a deadline. Conscientious investigators never miss deadlines. If something unforeseen occurs, you should be notified immediately with the investigator's solution to the problem.

As far as communication, some clients prefer to be updated daily by telephone, while others prefer an e-mail or simply a written report. Whatever your preference, make it known.

When discussing the price of the service to be performed, your investigator will have some idea of the cost if they have handled similar issues before, though the time required to complete certain aspects of complex investigations will vary. Once all parties agree to the services the investigator will provide, ask for an estimate. If you have followed the previous steps and are uncomfortable with the quote provided, you are now in a better position to interview other candidates and compare quality, experience, service, and pricing.

If you're comfortable with the quote, establish a budget and be clear that the amount is not to be exceeded without prior authorization, and put it in writing. If the investigation is lengthy in nature, budgets should be established in stages, and as a side-note, invoices should never be paid without a written report detailing the work performed.

Once the service and financial issues have been agreed upon, ask the investigator to provide a copy of their state license and insurance. Also be certain they carry an E&O insurance policy to include a limit with which you're comfortable.

Finally, trust your instincts. As with anything else, the lowest price doesn't always make for the best product. Additionally, if you get even the slightest indication an investigator is willing to cross the line or doesn't have the experience they claim, don't just walk away.run. There are many talented investigators out there.

Bruce Kingsland is the founder and Managing Director of Bruce Kingsland & Associates, LTD, a Columbus , Ohio based investigative firm with over two decades experience offering services in 1,500 US cities and 40 countries. http://www.brucekingsland.com

 

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