How to Hire an Private Investigator

 

An article entitled: "Staking Out a Detective, Private investigators can save lawyers time and money in a variety of cases", authored by Lisa Stansky, recently appeared on the ABA Network (http://www.abanet.org/journal/sep01/focus.html)

In that article she noted: "...investigators often are more successful than lawyers at gathering information from people. "Nine times out of 10, [witnesses] don’t want to talk to a lawyer," she says. "Investigators are good at getting people to talk to them before they shut down."

According to Stansky: " An investigator can become a vital part of the legal team, handling various types of legal matters. While a lawyer should make sure to closely supervise the investigator’s work, the investigator should be allowed to use his or her special skills to help strengthen the case."

In an article about the investigative profession, in the September 22, 2000 edition of the Bar News, the reader was introduced to NHRSA 106-f, the statute regulating investigations in this state.

This follow up to that article is designed to give the attorney and his staff some information on evaluating a private investigator.

Is it the name or the activity that is licensed? According to the Office of the New Hampshire Attorney General:

"The law prohibits any person who is not licensed from providing any service requiring licensure under this chapter....the licensing obligations under RSA 106-F are determined based on the following: whether a person has engaged in the business of a private detective agency by "otherwise doing investigative work for a private rather than a public interest, see RSA 106-F:4, II....accordingly these statutory criteria govern the necessity of obtaining a license. "( Delaney, Michael ; Attorney; Criminal Justice Bureau, NH Attorney General; In a letter to the NH League of Investigators dated 0-19-99)

Verifying License Status

The first step in retaining an Investigator is verifying that he or she is legally permitted to provide investigative services in New Hampshire. Licenses are issued by the Department of Safety and the requirements are set forth in RSA 106-f. It is the activity that is licensed, not the title of the provider.

Simply ask for a copy of the license. The Department of Safety issues an 8" X 11" certificate as well as a picture ID. A mandatory bond must accompany all license applications. A business card is not a license to perform these services.

Services, for a fee, that require licensure:

"Private detective" means a person engaged in conducting investigations involving, but not limited to:
(a) Unsolved crimes.
(b) Insurance.
(c) Clandestine surveillance.
(d) Missing persons.
(e) Lost, concealed, or stolen property.
(f) escaped felons or wanted persons subject to reward for capture"

II. "Private detective agency" means the business of collecting for a fee, hire or reward information on the identity, conduct, movements, whereabouts, affiliations, transactions, reputation or character of any person.

If you hire an unlicensed person to perform services listed above, you may be hiring someone who is violating the law, unless they fall into one of the very limited exceptions to RSA 106-f.

Bonding and Insurance

New Hampshire requires an Investigator or Agency to maintain a bond. Insurance, unfortunately, is not mandatory, though most professional investigators carry industry standard professional insurance.

One way of identifying a true investigative professional is by the amount of insurance coverage that their agency carries. Many full-time agencies now consider one million dollars ($1,000,000) of insurance coverage to be an acceptable amount of coverage. However, in NH, only the Bond is required for licensure.

The Investigator's bond or insurance is there for your protection, so verify that it exists. No legitimate investigative professional will object.

Training and Experience

It is important to make certain that the personal skills of the Investigator will match your needs. Despite public misconceptions, most Investigators are true professionals. Many are former law enforcement officers; others come from the insurance industry, military and private sector investigative or security backgrounds.

Don’t be afraid to ask for a resume and any professional certifications the investigator may have earned. Ask specific questions regarding the type of services that you need performed and the investigator’s experience testifying in legal proceedings.

Ask for, and contact, professional references for which the investigator has performed similar, recent, services.
I believe some of the most important professional criteria, after training and experience, are professional standards and continuing education. Membership in a local, state level, professional association assures these criteria are met.

The NH League of Investigators is the only professional association of investigators in New Hampshire. Our association keeps it’s membership current via our real time e-mail mailing list, our web site, quarterly publication and professional development seminars.

Laws governing the profession change and evolve rapidly: NHRSAs 260:14, 644:9, the FCRA and the recently enacted GLB, all impact the activities of the investigative profession. It is paramount to your case that your investigative staff be up to date on these laws at the federal and state level.

Members of the NH League of Investigators (www.nhli.net): must adhere to a strict Code of Professional Ethics, are kept abreast of these changes in the law through our publication, The PROBE, and have the opportunity to attend our professional seminars to enhance their professional skills.

Investigative Fees

Investigators normally charge an hourly rate, plus expenses and/or mileage directly related to the case.

Depending on the type of case, an Investigator might be willing to work for a "flat rate" in certain instances. Working on a "contingency" basis is not an industry standard.

WHAT WE REALLY DO

Insurance Investigations: To uncover the facts necessary to facilitate the prompt payment of legitimate claims, and to detect and uncover fraudulent activity, which cost consumers millions of dollars annually.

Background Investigations: Employee screening for businesses, school districts, nanny’s, child care providers.

Asset locations: To detect and locate assets to aid in the enforcement of court ordered judgments in child custody and civil cases.

Asset Recovery: The location of individuals and high value assets, vehicles, boats and aircraft, for financial institutions pursuant to financial contracts.

Witness Locates: Locating witnesses for civil and criminal trials, for the service of legal process, to insure the litigants a full and fair trial.

Criminal Defense: The location of information, evidence and witnesses to guarantee a suspect’s constitutional right to a fair trial.

Child Custody: Conducting investigations, interviews and backgrounds to determine the safety and security of children in custody litigation and to determine if court orders regarding custody are being complied with. The efforts and report of an investigator were noted as pivotal in the case of Mathews V. Mathews in the New Hampshire Supreme Court.

Accident Investigation: Retrieve and review accident reports in anticipation of litigation. Currently prohibited under RSA 260:14, as access to "Motor Vehicle Records" requires a Docket number.

Child Support Enforcement: Locate individuals, their assets and employment, to assure court ordered child support payments are being made.

Bail Enforcement; Working for insurance carriers and with law enforcement agencies to locate individuals who have jumped bail and failed to appear in court for serious criminal offenses.

Reporting of Criminal Violations: NH Law requires an investigator to report, to law enforcement, any felonies they come upon, in the course of an investigation. There is no immunity from civil liability for this action, even though they can come across a felony as a result of attorney-client privileged information they are often entrusted with. The professional investigator realizes this privilege far outweighs the statutory requirement.

Probate Issues: Investigators search out heirs to help settle estates and locate natural parents for adopted children in medical emergencies.

Employee Investigations: Often called on to investigate theft, threats, harassment and drugs in the workplace, investigators are now hampered by the FCRA which requires the employer give unedited investigative reports and the complete investigative file to the suspect employee, and to notify them of the investigation. This well meaning "privacy" legislation has made it impossible for employers to protect victim employees, as they are required to do, and also creates an atmosphere of fear and uncertainty among victims and witnesses alike.

Firearms: Investigators who wish to carry a firearm, for protection, must obtain a special "Armed" license from the Department and meet the same criteria for firearms qualification as a New Hampshire Law Enforcement Officer.


John M. Healy
Litigation Intelligence Services, LLC
Warner, NH
www.pimall.com/jmh



About the Author:

Mr. Healy is a licensed, bonded and insured private investigator. He is one of the few investigators in New England to have earned the title Certified Master Investigator. He is Past-President of the New Hampshire League of Investigators and the New England Council of State Investigator Associations. He has been an investigator since retiring from the State Police at the rank of Lieutenant.