Many believe that the sole
purpose of a private investigator is to ‘observe or interview and then report.’ As a result, it is commonly
believed that these attributes fall within the province of almost any literate person regardless of background, experience,
education and training. However, experienced private investigators not only know the quickest, most cost efficient
manner of accomplishing a project, they also carry-out the assignment in a legal and professional manner which does not adversely
impact the client. Furthermore, the more an investigator knows and understands about a situation the more useful and
valuable his observations will be to others.
I’m often asked about how one selects
a private investigator. And, I must admit this can be difficult. I will attempt to simplify the process.
Licensing: Most states now have licensing for
private investigators, but not all. Oregon and Washington do have licensing. Please refer to licensing information
with the State of Oregon (search online Oregon DPSST Private Investigator). For Washington, please refer to licensing
information (search Washington State Department of Licensing). In other states, generally typing in your online search
function ‘a State’s name with a request for licensed Private Investigators’ will immediately display the
necessary information.
What is a Private Investigator:
Per Oregon Statute: “Investigators solicit or accept employment to obtain or furnish information about persons,
property, crimes, accidents, etc. [Oregon Revised Statutes 703.401(3)]
Investigators
must be licensed unless they are in an excepted category. [Oregon Revised Statutes
703.411]” Other States generally have a similar definition.
What you really would
like to know is how you select a private investigator from the several hundred, perhaps thousands, that are available in each
State. OK…
In Oregon, for example, you should understand that the licensing process
is minimal and generally attempts to determine if the potential applicant understands basic State law and general liability
issues. Additionally, the applicant is fingerprinted to verify that there is not some sort of criminal background of
which the State should be aware. The applicant is required to be bonded or insured. In Oregon, a $5000 bond is
required. However, many PI firms carry liability insurance for the protection of themselves and the client, with coverage
in the neighborhood of one million or more.
In Oregon, and there are variations of
this in other States, applicants with little or no prior investigative experience are allowed a ‘provisional license,’
– until they gain the necessary experience. This might be something the potential client may want to inquire about.
Experience is generally important in most professions, but particularly in PI work. Some states, a few, require no licensing
whatsoever. This is not the case with Oregon and Washington.
The ‘excepted
category,’ referred to under Oregon law and frequently used in other States, largely refers to private investigators
who work for a single employer.
Many law firms use this exception for
the purpose of deploying their paralegal or administrative assistant to conduct investigations, rather than retaining a licensed
private investigator. Admittedly, this is a practice that has some justification. That said, it is a practice
that is not generally known to the public. Theoretically, the paralegal or administrative assistant is under the constant
supervision of an attorney; and, I believe, covered by the attorney’s ‘errors and omissions’ insurance.
Whether or not this constant supervision is actually true or even practicable is a controversial issue within the private
investigative field. Clients, when dealing with investigative fees incurred by a law firm (sometimes very expensive
investigative fees), should not be shy about asking who conducted the investigation and what was his/her qualifications.
Attorneys
use this ‘excepted category,’ as an additional profit opportunity. Some paralegals and administrative assistants,
possibly through trial and error, become quite competent. Nonetheless, if a client has an important issue that requires
a professional investigation, I recommend that you not trust that investigation to the Attorney’s secretary.
Furthermore,
attorneys should be aware of the potential requirement that they might have to call a private investigator as a witness –
perhaps to impeach another witness or another PI – and what type of impression their PI may have on the jury, including
whether or not the PI appears qualified and professional.
One additional comment,
that hopefully most attorneys are aware, is that attorneys need to insulate themselves from the witness interview process
to preserve their own credibility. Whether this necessary insulation is preserved by having one of their employees conduct
a witness interview is, in my opinion, doubtful.
Some companies and corporations have
‘staff’ investigators. And, I suppose it makes sense that these staff investigators not be required to be
licensed in every state in which they work on behalf of their employer. On the other hand, if the staff investigator
is headquartered in a state that requires licensing, it’s hard for me to accept that he/she should be exempted from
usual and customary standards, including the required periodic training and educational programs. I think the public
should expect consistent standards all around – just my opinion.
Who becomes a private investigator? The answer to that is almost anyone
who is interested, over the age of 18, who has a clean record. The background check performed by the state licensing
agency is probably the principal benefit to the public, and does give the public some assurance that they are dealing with
a somewhat reputable person. Please note that I didn’t say the person was necessarily qualified.
My
personal opinion, albeit somewhat controversial, is that I find it hard to believe that anyone, without at least five years
of law enforcement or other very intensive investigative experience, can be an effective private investigator. There
is just too much to know. There are too many unanticipated situations that can quickly arise and become a serious liability
issue, a violation of law, or even dangerous. If you put your faith in such a person, all I can say is ‘good luck.’
What
about private investigators’ fees? What’s fair? Well, it’s kind of an overgeneralization, and
a cliché, to say that you ‘get what you pay for.’ This is not necessarily true. There are some
very good investigators who specialize in certain areas (like surveillance) with fees that are relatively modest. On
the other hand, you can run into private investigators that have fees that are over-blown and exploitive. Be careful
and do your home work. If a PI is very qualified and has good references, you are better served to consider this option
– even if their fees seem a little higher. A bad, inexperienced, or poorly trained PI can cause a client untold
grief. Moreover, you may not have actually saved any money. Good PIs cover a lot of ground quickly.
Do
private investigators have variable fee structures? Yes, they often do. This is usually based on good business
practices and self-protection. Is the client a potential repeat client? Am I assured that I will not have any
collection issues with this client? Is the proposed case very complex and demanding, with short deadlines? Nonetheless,
professional investigators should be able to explain their ‘fee structure’ without too much hesitation –
and be able to furnish you this information in writing.
Regarding fees in
Oregon, particularly in the Portland Metro area, a potential client should expect investigative fees in the neighborhood of
$80 to $150 per hour, plus expenses. If you are quoted more than that, I would spend some time looking elsewhere.
If
you are shopping for a PI in a major metropolitan area such as New York, Los Angeles or San Francisco expect the hourly rate
to be higher.
Rural areas, the hourly rate will be somewhat less.
How
do I locate a private investigator? Well, the telephone book is probably your worst resource. Internet searches
are good and becoming better. If you can get a referral, that’s great. Attorneys are sometimes a good source
for referrals. Professional associations can be a good source for referrals, particularly associations which require
or expect certifications, and/or standards for continuing education. A quick word about ‘certifications’
(and there are many floating about): some ‘certifications’ can be simply purchased for a small fee, and
resultingly are meaningless. Always investigate the certifying association or body, and what is required to obtain a
particular certification. These days this is easily done on the internet. As with any profession, private investigation
is definitely a profession filled with many skilled, educated and experienced people, and unfortunately quite a few duds.
Ask questions, get quotes and be an informed consumer.
Possible sources
to check:
· In the past, I’ve often used former and
retired FBI Agents. All former Agents currently involved in private investigations belong to various networking systems:
the Society of Former Special Agents of the FBI, the Trapline, Linked-In, etc. Perhaps the easiest way to locate a former
Agent and current PI is to search the area of interest. Example: private investigator, FBI, Portland. One
caution, former Agents’ hourly rates are usually a little on the higher side. But, if you have complex and intensive
investigative requirements, that’s the way to go. However, If you have more routine requirements such as:
surveillance, courthouse searches, basic interviews, you might shop around and see if you can get the service for less.
Nonetheless, always look for competence. If you don’t, you could quickly find yourself on the receiving end of
a civil suit.
· When I search for qualified private investigators
in other areas of the country, I almost always look for someone with a law enforcement background. Again, anyone, and
I mean almost anyone short of an identifiable ex-felon, can become a private investigator. A potential client should
look for experience, references, and educational background – anything about the private investigator that you could
conceivably verify, and would tend to give him or her a degree of credibility.
· Almost
all States have an association of Legal Investigators. This is an area to search. In Oregon that association is
called the Oregon Association of Legal Investigators or OALI.
