On Selecting a Private Investigator What should I look for in an experienced, qualified professional investigator (a private investigator)? Many believe that the sole purpose of a private investigator is to ‘observe or interview and then report.’  Resultingly, it is commonly believed that these attributes fall within the province of almost any literate person – regardless of experience and training.  Experienced 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 or her 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:  Many states now have licensing for private investigators, but not all states.  Oregon does have licensing.  Please refer to licensing information with the State of Oregon (license.oregon.gov and search ‘private investigator’) for complete information about requirements and whether or not a particular person is a licensed PI. 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]” The licensing process is minimal and generally attempts to determine that the potential applicant understands basic Oregon 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.  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. Applicants with little or no prior investigative experience are allowed a ‘provisional license,’ until they gain that 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. The ‘excepted category’ largely refers to private investigators who work for a single employer. Many law firms, particularly large law firms, use this excepted category 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 a possible 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 subject within the private investigative field.  Clients, when dealing with investigative fees incurred by a law firm, should not be shy about asking who conducted the investigation and what was his/her qualifications. Correspondingly, 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 already 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, questionable. 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 buy that he/she should be exempted from usual and customary standards.  I think the public should expect consistent standards all around – just my opinion.

Who becomes a private investigator?  The answer to that question 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 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. 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.

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 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, and private investigation is definitely a profession filled with many skilled, educated and experienced people, ask questions, get quotes and be an informed consumer. Final Thoughts:  Many believe that private investigation is easy.  Those people watch too much television.  It isn’t easy.  It can be difficult, stressful and sometimes hazardous.  I’ve been in law enforcement and investigations for more than 30 years, and I still learn something new almost every day.  The actual paid work aside, merely keeping up with all the technological advances and innumerable resources in the private investigative field is practically a full-time job. And one final comment:  As the client of a PI, you are invariably going to reveal some information that you consider confidential – perhaps even intimate details of your personal life.  Pick someone that you feel you can trust.     Best wishes and good luck,     GT Nelson