“I’ve been practicing law for 10 years and have never needed one but I’ll keep your information,” she said. Often, online one can even sense tone and intent. In this case, the attorney wanted nothing to do with the private investigator who commented on her social media post, while making an introduction.
What prevents one attorney or a group of attorneys, from using professional investigative services from those who love theirs? Why does the value of collaboration with the two, still not thrive? Further, what can be done for improvement?
Let’s start with some observations. Not all private investigators are created equal. Their skill and knowledge level varies. Coincidentally, so does that of attorneys and arguably in other professions. Next, there seems to be a disconnect of what benefit a private investigator could actually offer. In the case of our 10-year practicing attorney, she specialized in business transactions. The investigator who reached out to her, has worked on matters in the same field. Once, the investigator’s efforts found a key piece of information about a seller of a business. So critical, it postponed the sale until the issue was reconciled. It could be argued the attorney should have found the problem, however; the lesson is, the partnership worked – the end client was best served.
There exists a differing degree of professionalism among private investigators and this is perhaps the greatest negative. On one hand, a retired state law enforcement officer is now licensed, understands how to conduct him or herself in a courtroom setting, etc. Another, is a long-time private investigator who actually has more field knowledge than our retiree, but lacks sophistication in a particular area. Then, consider the fairly new graduate who has completed all coursework, passed testing, completed an internship, but who cannot articulate services to a law firm. If the law firm meets with the latter, what kind of impression is left?
Consider the mental image medical patients have of a physician. That image is shattered, if encountering one with the bedside manner of a carnival operator. A credible investigator in the southeast performs fairly complex technical forensics. He has been given a number of accolades and there are no negatives anywhere. When you speak with him, his country twang reminds you of turnip greens, grits and gravy. Undoubtedly, this has unfairly cast him as less than competent. Yet, another is refined, well-presented, but lacks a piece of knowledge a new graduate has.
There is no perfect answer as development takes time in any profession. Growth, knowledge, confidence, personal skills are largely up to the individual, which includes receiving good mentoring. The examples provided, however; do point out dynamics and biases.
One investigator has noted that older attorneys, are less than likely to meet with an investigator marketing their services. The elder attorneys have been there, done that. Maybe they had a negative experience which soured them on any future benefit. Younger attorneys, a bit more receptive. In addition, there seems to be a sense of compartmentalization in the minds of some. For example, private investigators are viewed as good for surveillance of an unfaithful spouse. Consider them for criminal defense. Maybe, just maybe, for locating someone. What could they find others can’t in this day of instant information?
To fully answer that question would take too long. On the topic of information gathering, a general response is knowing “where” to find that instant information. Other data, and this is confounding to many – is not so instant and can’t be found online. Imagine that. Databases don’t exist for every single category of life’s questions. However, it’s okay to ask. Yes, if you’re an attorney go ahead and inquire if the unique information you’re seeking can be obtained. This goes for non-legal consumers as well. Ask away. It could be that today the elusive data you seek is not available or is not known, but it will be six months from now.
Another area often not considered, is the effects of an undercover engagement. Results can yield evidence which will drop the jaw of the opposing counsel, expedite a settlement, dismiss or advance criminal charges. Swing the financial outcome one way or another. Of course, legal restrictions can impede undercover attempts on an opposing party, but explore the option.
Then there is the ability of persuasion. Persuading others to provide you with actionable intelligence is invaluable. As simple as this all sounds, our 10-year veteran attorney does not yet see the value. Others, don’t want to spend the money. Paralegals are awesome, just awesome at what they do. Time and time again, they have unearthed information that supports those good internet reviews a law firm receives. One investigator believes in spending time talking with the paralegals or legal assistants, to gain information. While not guaranteed, with their combined talents real success often occurs. At minimum, a better understanding is achieved.
One attorney who is a true believer, touts the frequent positive outcomes with “his” investigator. At a chance meeting, the same attorney introduces a Ga Private Investigator to a fellow attorney. “This is the best private investigator around,” he declared with genuine enthusiasm. Without hesitation, the other attorney responded “I don’t use them.” Perhaps it’s time for a revisit.