How a Paralegal Works with Private Investigators and Expert Witnesses

The idea of the cop befriending the private investigator is not new to television or the movies. These relationships range from true friendship to near hate and disgust for each other. The theme is usually constant: The private detective butts heads with the police as he searches for information. Using brains, skills, and the made-for- TV luck that few police officers have access to, our hero uncovers the true perpetrators of the crime several dangerous minutes before the police stumble onto the same conclusion and show up conveniently to save his bacon in time for another episode.
 

You probably can guess that in most cities where private investigators choose to work, they have sprung from the ranks of some nearby law enforcement agency. This connection is logically linked to PI licensing requirements in most states. Just to qualify to take their state-controlled PI test, most applicants must prove they have had a full-time law enforcement, insurance investigation, or legal background. Some people qualify because they have served a sort of "apprenticeship" as employees of a licensed PI or insurance investigation firm, but most come to the job after they retire from or leave their law enforcement positions.


As such, their link to their old agency is no surprise. A twenty- five-year police officer who opens his own PI business probably can count on various overt or covert favors from his old pals who still wear badges. Retired agents from the FBI, IRS, DEA, and other Treasury Department agencies also may call in some "markers" from time to time. Is this legal? Not usually. Is it frowned upon? You bet. Does it still exist? Yes.

The way each side justifies this misuse of information and other confidential assets is by claiming that it's in the interest of "justice." In most instances, the fraud-trained PI who calls his pal in the Records Division for a little information about a man who wants to buy his client's business is probably only trying to protect the client's interests and earn his fee by providing valuable information. The accident-reconstruction PI who gets registered owner and license plate information from his friends on patrol is only trying to help his attorney client expedite a personal injury settlement. And the criminal defense PI who calls upon a detective friend to learn if other charges are pending against the client is only trying to protect the attorney from any surprises.

While this behavior goes on in degrees ranging from the rare to the outrageous, two things should concern you: Can the Pis who work for your firm get access to information that could truly help your case? More importantly, can they get this information in a legal, ethical, and timely manner?

The best way to find out about what they can get and what and who they know is to ask them. Since the private investigator business is a highly competitive, low-profit-margin business, most Pis who work as outside contractors or consultants for attorneys are only too happy to tell you what you want to hear. Some of the less scrupulous ones will say and do anything, legal or otherwise, to keep your account.

Like most private enterprise workers, PIs tend to think and act as it relates to their wallets. Since they earn most of their money based on billing hours and flat rate work-rather than by full-time employment with a law firm or under a retainer arrangement-they tend to be motivated largely by their desire to make the most money in the least amount of time.
While this is a perfectly normal way to approach the free enterprise business system we all know and love, it can interfere with good judgment if it gets out of hand. Unchecked by high moral standards and clear ethical values, too much money-chasing can create liability, reputation, or malpractice problems for the individual investigator, the firm for which he or she works, and the attorney who has contracted for investigative services.

Helping the Private Investigator

In many law offices, the paralegal acts as the point of contact for the private investigator. The PI gets his or her case assignments from the paralegal, including: copies of the client's police report, medical re cords, names and telephone numbers for witnesses, and a complete set of marching orders for the case-what to tackle first, when to complete the work, and any limits on fees, deadlines, or other significant issues.

Many Pis work on an on-call basis, coming into the law office only to pick up new cases or drop off completed reports. While there, they may have an opportunity to chat with the paralegal about various new cases, but in many busy offices, they must rely on the paralegal's written notes and instructions before they proceed.

Here's a message from a private investigator, Joe Coyle from Joe Coyle and Associates, a San Diego-based firm that handles civil investigations, accident reconstruction, expert witness testimony, and skip tracing.

"This written communication process," says investigator Joe Coyle, "must be as complete as possible. The more I know about the case going in, the easier it is for me to get it done. Since I charge by the hour, the faster I can work, the less expensive it is for the firm." He further adds, "The paralegal should try to give me everything he or she knows about the case, including notes from the client's interview, any witness information, and what issues the attorney handling the case seeks to prove or disprove. If I know about certain important areas the attorney wants covered, I can focus my attention on them."

Coyle says not to worry about giving him too much paperwork. "I can sort through what helps me and what doesn't. In some cases, even the smallest piece of information has helped me tremendously."

"Most good Pis," adds Coyle, "will check in with the paralegal or the attorney on a regular basis. This keeps everyone aware of any changes or surprises in the case and can point out new directions if necessary. I always call my attorney clients if I run into a case problem that may require a great deal of my time and effort to handle. This gives them the option of telling me to continue or wrap it up at that point."

Using Expert Witnesses

The old saying "You have to spend money to make money" applies when using expert witnesses. High-powered experts are rarely cheap, but their expertise, subject knowledge, and courtroom testimony skills can turn your case from an apparent loser into a big-money winner. This financial paradox exists because good expert witnesses know that with their brain power they can command high fees for their court time. This should tell you something your attorneys probably learned early in law school: Get your expert witnesses on the stand quickly and get them off early. Experts may charge between $100 and $1000 per hour, and the meter is running even when they're cooling their heels in the hallways of the courthouse. Long trials and lengthy delays can create sky-high expert witness bills.

But cost concerns aside, using qualified experts can mean all the difference in a civil or criminal trial. Since the experts make their livings thinking on their feet, they can sway a jury to your side with only a few power-packed minutes of testimony.

Finding experts can be a hit-or-miss proposition. While you can find specific experts through their ads in various attorneys' magazines, word-of-mouth referrals tend to offer better results. Check the experts' credentials, ask for samples of their trial work, and research their past cases for proof of their courtroom competence.

When an expert witness accepts a case, he or she will need two things to succeed: time and information. You may have the luxury of one but not the other, but if possible, you should give the experts the advantage of a complete case file to review, enough time for them to prepare a court-acceptable report of their findings, and enough time to get themselves ready to testify.

In high-profile criminal cases, the psychologists, evidence experts, medical experts, police experts, and other similar professionals can turn the entire case around on the basis of a single day's testimony. Try to give them the benefit of time as an ally rather than an enemy. Expert witnesses are like snowflakes: Each one is different and each one is unique. I recall one expert witness whose entire career is based upon his knowledge of trees and how and why they fall to the ground, injuring people or damaging property.

Other experts specialize in mining accidents, jet aircraft crashes, train freight-car derailments, metallurgical failures, construction crane accidents, multiple-personality disorders, birth defects, police defensive tactics training, high-speed automobile driving, accidental firearms discharges, electrical fires, and even biological household contaminations. The list of available experts is nearly endless and is limited only to your type of case and the results your attorneys are looking for.

Good outside help-whether it comes from private investigators, process servers, independent adjusters, or expert witnesses-can add significant value to many of your cases. Their support, expertise, and ability to take the "helicopter view" (seeing each case from above as a disinterested third party) is usually worth far more than their fees.