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How to Retain an Investigative Firm

The following articles walk you through the steps of retaining a private investigator. The first article, which was published in a central Ohio legal publication in March 2004, is geared for the corporate and legal community while the second is geared towards the individual.

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 based investigative firm with over two decades experience offering services in 1,500 US cities and 40 countries.

Hiring a Private Investigator - For the Individual
by Bruce Kingsland

If you are considering retaining the services of a private investigator, it is likely not the best time in your life. As difficult and emotional as this period may be, hiring the right investigator is critical. The information they obtain and advice they give can play a significant role in determining your course. As in any profession, there are talented, and not-so-talented, investigators offering services. Your job is to establish the difference between the two, and the following ideas will guide you in the process.

Most people would never walk into a car dealership and ask, "How much is that car?” The standard answer would be the manufacturer's recommended sticker price. Still, nearly every individual calling an investigation firm starts with the question, "How much is it to…” That should be the last question asked, never the first, as investigators are not all the same and cannot be differentiated by price alone.

The investigator(s) with whom you speak should fully understand what information you need, and why, and they should offer several recommendations to meet your objective, always starting with the lowest cost solution first. No matter how detailed you think you have been in explaining your situation, a good investigator will ask multiple questions about your circumstances and the goal of your investigation. If they don't, they either don't understand your needs or they may have already decided to sell you the highest cost service, while a lower cost solution might be just as viable.

Contingent on your situation, the investigator should also ask if you are represented by counsel and if so, ask if your attorney is aware of your intention to retain an investigator. There are some circumstances where you may think gathering certain information would be beneficial to your case, but your counsel may think otherwise. Be sure your counsel knows your intentions, so as to avoid spending money that won't advance your case. Your investigator should also have a good idea what will or will not prove beneficial. If you are represented, the investigator's report should always be directed to your attorney, and not you, in order to maintain "work product privilege.”

If you have examined your local yellow pages, you will likely see ads that claim to "Specialize in Civil, Criminal, and Domestic.” What most individuals don't realize is, there simply isn't anything else to specialize in and no one can "specialize” in everything. Therefore, questions you should ask the investigator include:

• How many cases similar to mine have you done before?
• How many years have you been in the business and what is your professional background?
• Are you licensed as an investigator within the state you do business, and if so, which state department regulates your license?  (Not all states have licensing requirements.)
• What credentials are required to become licensed in your state?
• Do you carry liability insurance?
• What is the professional background of the investigator that would actually handle my case? (The person you talk with might not be the one to actually conduct the investigation.)
• Are you a member of the Better Business Bureau and/or your area Chamber of Commerce and have you ever had any complaints filed against you?
• How do you guarantee confidentiality?

If possible, make time to contact the Better Business Bureau, the area Chamber of Commerce, and the state regulatory agency to confirm the company's status and determine whether complaints have ever been filed against the company, and to what end. Don't be immediately taken aback by an agency that has had a complaint registered against them. In the litigious world in which we now live, everybody complains once a while. Just make sure you understand why the complaint was filed, and more importantly, how it resolved.

At this point, you should be comfortable that you are dealing with a professional. If not, continue interviewing prospects until you are.

By now, the investigator should have a strategy as to how to proceed with your case and should inform you of the pros and cons of that strategy. And just like a competent attorney will never guarantee a win in court, an ethical investigator will not guarantee the outcome of an investigation. Also like attorneys, investigators are obligated to give no less than their very best effort and are paid for their time to do so.

Now – when you are reasonably comfortable in the professionalism and expertise of your chosen investigator – is the time to discuss pricing. If the investigator has handled your type of case before, they will have an estimate as to the project's cost. Nearly all investigators experienced in dealing with the general public will require a retainer in the amount of the project, and will bill against the retainer. If you find yourself questioning the price and/or the investigator's strategy, at least you are now armed with additional information you can use when comparing them to other investigators.

Also, avoid being impressed by unnecessary glitz. When it comes to services such as surveillance, some agencies have invested considerable sums of money in equipment, such as surveillance vans that look like work trucks, yet contain concealed state of the art video equipment. While very impressive and useful in certain scenarios, if the subject of surveillance actually leaves the area, that van with all its expensive equipment typically can't be bounced around and utilized to conduct mobile surveillance. So if or when the subject moves from the original surveillance site, that van stays. Because of this, agencies with expensive toys may try and sell a surveillance utilizing two investigators, which is often twice the cost. Two investigators are always preferred over one, and significantly increase the likelihood of success, but are not always necessary.

Finally, when you meet with your investigator, he or she should be well-groomed and dressed professionally, or at a minimum, "business casual". If your investigator looks like they just rolled out of bed with the clothes on their back, you can be assured the professionalism of their work will reflect the manner in which they presented themselves.

I hope the above listed insights help guide you in your quest for a professional private investigator.

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

How To Retain an Investigative Firm



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