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Posts Tagged ‘investigators’

The Highly Specialized Career of Professional Investigations

Monday, May 2nd, 2016

Professional private investigations is a career that many people have a great deal of fascination about. Television and media have often depicted the private investigator as an individual who is a do-it-all, a James Bond type of figure willing to tackle and somehow successfully accomplish any type of mission, assignment, or adversity presented to the character.

In reality, professional investigators give a great deal of thought to what cases they are willing to accept. Effective and responsible investigators know that if a case is outside their area of expertise, there is a greater probability that the results of the case will not be optimal. If you are looking for an attorney to resolve a child custody matter, would you hire the attorney that specializes in bankruptcy law, immigration law, or criminal law? You will likely prefer to hire the attorney who specializes in family law, and maybe even more precisely, child custody matters.

Professional private investigators like, attorneys, have specialties of their own. When potential clients are considering whether to hire a private investigator, I will often advise them against hiring the do-it-all private investigator. The old saying, ‘Jack of all trades, master of none’ certainly applies to investigations. A person who is considering hiring a private investigator should first identify what needs to be resolved or what information is being sought. The potential client can then begin looking for an investigator who specializes in obtaining the desired information or resolving the person’s matter. When contacting the investigator or investigative agency, do not hesitate to ask if they specialize in a certain area. Also, do not hesitate to ask how much experience they have in a certain area.

Advanced Professional Investigations is occasionally asked about companies that offer and provide professional services unrelated to investigations, and simultaneously have an in-house investigator or an investigations division. While it may seem tempting to go with the ‘one stop shop’ provider, the client should give consideration to a couple of important factors. First, is there a potential for the in-house investigator to have a bias, or could there be a perceived bias if the investigative findings are presented in a legal setting? Second, if investigation is one of many other professional services offered by a company, how much dedication/focus is the company giving to the investigations division of the company?

Advanced Professional Investigations, LLC is proud to be a fully independent, dedicated professional private investigations agency. What does this mean to our clients? API is able to maintain a direct, customer-focused line of communication with our clients. API obtains its information and documentation in a non-biased manner. API’s results always withstand the scrutiny of any perceived bias in a legal setting. Because API is dedicated to professional investigations, API’s investigators frequently attend conferences, courses, and training to keep on the forefront of investigations. API maintains the latest video recording equipment, with features that are designed specifically for professional investigators, not the general public. API was founded on, and continues to be focused on providing the highest quality results to our clients.

Do you have an investigative case request and you’re not sure who to turn to? Give API a call. Rest assured that if the case request is outside of our areas of specialty, we will let you know and will go the extra step of finding an investigator with the specialty you need.

Limit Your Liability Using Investigators

Thursday, August 18th, 2011

Choose an investigator who is insured. An investigator with sufficient insurance will prevent liability from falling back on the client if an investigation goes wrong. Does your investigator carry commercial automobile, professional liability and errors and omissions?

Choose an investigator who is licensed. A licensed investigator has been shown to be qualified, vetted and demonstrated a minimum amount of experience to the state in which he or she is licensed. A licensed investigator eases the burden of due dilligence on the client. Clients can be assured that a licensed investigator’s testimony at a hearing will not be disqualified due to felonies or other questionable histories in their background.

Ask the investigator you use whether the information/documentation they provide will be able to withstand the scrutiny of opposing counsel. Is the information accurate, factual and unbiased? Was the information obtained in a legal manner? Information is of no benefit in a legal setting if it cannot withstand the scrutiny of a judge and cannot be entered into evidence for a case.

Do your investigators adhere to applicable laws during the process of an investigation? Do they know which laws apply to them? Does the investigator use “baiting” methods by contacting represented claimants, gather information that is clearly private and are they aware of the difference between surveillance and harassment/stalking? Investigators who do not take into consideration trespassing, reasonable expectation of privacy, FCRA compliance, etc will surely increase liability to their clients. For insurers, an improper investigation can even increase the risk of bad faith claims.

Ask your investigator if the equipment they use can withstand legal scrutiny. Was a GPS tracking device improperly/illegally used on your case? Will the video equipment be able to display date and time stamped video footage?

Limit your liability in the workplace by conducting background checks on potential and current employees. Do they have, domestic violence, drug or DUI charges, stalking/harassment issues or other questionable records in their backgrounds?

With current employees, conducting employee misconduct investigations can reveal drug/alcohol use on the job, theft of equipment/material items, time theft, disgruntled employee harassment and other issues in the workplace. These issues can lead to increased liability.

Make sure your investigator is aware that he/she is a representative of you, the client. Know your investigator and do not tolerate investigator misconduct with your cases. Your investigator should conduct themselves in a professional manner from beginning of the case to the end. Does the investigator reflect well on you in a legal setting? Believability and credibility in the eyes of a judge and jury are dramatically affected by an investigator who is professionally dressed and conducts themselves in a professional manner.

 

 

Private Investigator Insurance

Monday, March 14th, 2011

An important consideration that often reveals the full-time, professional and qualified PI agencies from the part-timers (and most likely less experienced) is to look at the insurance that the private investigator/agency carries. Particularly since Colorado does not license or otherwise provide guidelines for private investigators and their insurance coverages, the responsibility falls on the client to choose an insured investigative agency. Most insurance companies, law firms, and corporate clients require a $1,000,000 per occurrence liability insurance to be in place prior to using the investigator’s/agency’s services. A certificate of insurance should be requested to verify the policy information. The insurance protects the investigative agency as well as well as the client. Clients need to be aware that there have been instances of private investigators knowingly, or perhaps due to lack of training, cause harm to themselves or the subject(s) of their investigation. Because of the nature of private investigations, PIs are involved in legal matters and can be suseptible to facing legal action themselves. Private investigators, detectives, and surveillance operatives are typically involved in a lot of travel, even during the worst of Colorado conditions, so the risk of accident can be high. Also, because of activities such as service of process, interviewing hostile witnesses, and otherwise involvement in cases that can create confrontations on the PI, insurance is critical. If the private investigator/agency objects to showing proof of insurance, they probably don’t carry it. Ask if the PI or investigative agency has ever had to make a claim on their insurance, and if so, get the details.