I.    Working with Investigators:

A. Who are these people?

Investigators come in all shapes, sizes experiences and dispositions.  Generally, they are people who fit into a group that is largely comprised of former law enforcement personnel and insurance company investigators with the minority coming from the federal government, military and private industry.

Many private investigators believe themselves to be independent thinkers and savvy non-conformists despite their background.

B.Authority

1. California licensed private investigators are regulated by:

Bureau of Security and Investigative Services
2420 Del Paso Road, Suite 270
Sacramento, CA 95834
(916) 322-4000
Fax (916) 575-7290

Visit: www.dca.ca.gov/bsis Soon to be  www.bsis.ca.gov

2.Investigators are managed under the authority of the California Business and Professions Code:

Business and Professions Section 5721

7521.  A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in
business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:
(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.
(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.
(c) The location, disposition, or recovery of lost or stolen property.
(d) The cause or responsibility for fires, libels, losses,
accidents, or damage or injury to persons or to property.
(e) Securing evidence to be used before any court, board, officer, or investigating committee.
For the purposes of this section, a private investigator is any person, firm, company, association, partnership, or corporation acting for the purpose of investigating, obtaining, and reporting to any employer, its agent, supervisor, or manager, information concerning the employer’s employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.
This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.

C.California’s minimum requirements to be a licensed investigator:

An individual must be:
1. Be 18 or older.
2. Undergo a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). Have three years (2,000 hours each year, totaling 6,000 hours) of compensated experience in investigative work; or a law or police science degree plus two years (4,000 hours) of experience; or an AA degree in police science, criminal law, or justice and 2 ½ years (5,000 hours) of experience. Experience must be certified by your employer and have been received while you were employed as a sworn law enforcement officer, military police officer, insurance adjuster, employee of a licensed PI or repossessor, or arson investigator for a public fire suppression agency. (Work as a process server, public records researcher, custodial attendant for a law enforcement agency, bailiff, agent who collects debts in writing or by telephone after the debtor has been located, or person who repossesses property after it has been located is not considered qualifying experience.)
3. Pass a two-hour multiple-choice examination covering laws and regulations, terminology, civil and criminal liability, evidence handling, undercover investigations and surveillance. A copy of the Private Investigator Act will be sent to you;
4. Pay a fee of $175.00.
The Private investigators license is good for two years and an investigator should be able to produce a credit card license issued by the Bureau of Security and Investigative Services that looks like this with a photo I.D.:

D. Former Cops and Skill Sets

Just as no two cases are identical, no two investigators
bring identical experiences to the table.

Experience = Results

1. City Police Skill Sets:

a. Great in pursuit of criminally related matters.
b. Generally good with “gum-shoe” investigations.
c. Locating persons in the flesh.

2. California Highway Patrol Skill Sets:

a. Best at investigating motor vehicle collisions.
b. Working in DUI related matters.

*   Generally, both should be quite good at obtaining statements and flushing out contentious facts.

3. Caveat for Sheriff Deputies:

a. Ensure they have worked a substantial part of their career on the road and in the field.  You do not want someone who had done nothing but worked in the county jail his/her entire career.

4. Avoid the Fluff:

Many investigators are convinced that packaging is the way to woo clients.  It may very well be an indicator of an individuals professional approach but in the end you must act as though you are from the-show-me-state, (a.k.a. perform or else).
5. The bottom Line

If your not a cop, if your never were a cop and you don’t know how to talk to cops and getting positive information out of them is essential; hire an investigator who was one because cops know how to talk to other cops.

E. Computer geeks and other riff-raff related to cyber-space information and data bases

This is a category that is best served by word of mouth from other lawyers positive experiences.  If your efforts are focused on pursuing individuals for service and obtaining statements, you need a geek who also has the ability to interpret the quality of feedback this generally is a component of time in the saddle.

1. Personal locators of parties and witnesses are almost exclusively data based oriented.

2. It is not enough that someone can obtain an address.  You also need an individual who can analyze the information to increase the reliability and probability of success.  Not mating these two components together is a time and money sucking black hole – a,k.a, the Death knell for the solo practitioner.

3. Asset Searches – Are a specialized area requiring specialized skill sets and access to various financial data bases.

F. Investigators from other professional fields

1. Don’t get stuck on titles.

2. This is a case by case evaluation.

3. Generally, this will require the lawyer to have a greater understanding of what skill sets the investigator is bringing to your firm and how their skills are matched to your specific needs.

G. The single most valuable asset of an Investigator

It is all about:

PERSONALITY!

The Must Do list with a new Investigator relationship:

1. Phone Savvy – You must talk to the investigator on the phone to get a sense of his/her phone savvy.

2. Personal Meeting – Meet the investigator in person for stage presence.  After-all your investigator is representing you!

3. Personality – The P.I. must have great personal skills.  Upon your first meeting with your new investigator, If you don’t feel quickly comfortable with her it is likely those she will encounter on your behalf will have a similar response.

4. The Package – What you see is what you get.

5. Age – Age is a factor, the appearance of someone who has life experience with a little silver in their hair is usually the most capable in bridging generational gaps.

Equates to

H. Establish the Rules Early and Often – Clarity of Communication

The Rule Book – Attorney as Captain.

The Instructions:

1. “This is exactly what I want and no more.”
2. “This is what I expect of you.”
3. Provide a specific time limitation to finish the job.
4. Know when the investigator is going to do the job so progress can be monitored accordingly.

Example:

“John I need to you go to San Jose tomorrow morning to see if you can’t find Billy Bob at Twinkle Toes Donuts.  Pursue any leads that you can to find him.  If you run into obvious problems call me right away and we will discuss our strategy from there.  If you hit 4 hours on the clock call me and lets talk before you do anything else.”

This example lets the investigator know:

1. Who is the captain of the ship!
2. What is expected and how it is expected to be performed.
3. That you are monitoring the investigators activities.
4. You continue to re-affirm that you are hands on.
5. You establish at the outset that the investigators Billing had better be reflective of the specific assignment and the parameters you have set.

I. The new investigator relationship, the small assignment and the Short Leash:

Successful performance of small tasks gives the lawyer insight as to how the investigator is going to perform in more critical matters and builds confidence accordingly.

1. Notice – Putting the investigator on notice that he is being evaluated is an excellent tool for all future dealings.

“I just want you to know that I have had issues with over-billing and lackluster performances in the past from investigators.  But, if I find a good one that I can rely upon to do a good job, there may be a steady flow of work in the future.”

2. Clarity Communication – Always be up front with the investigator, put everything on the table in advance and you will be rewarded accordingly.

3. Future Business – An investigator instinctively wants to please on the first outing.  So let the investigator know that if this goes well he/she will be rewarded by business in the future.