Not Just the FAQs
As professional investigators there are basic tasks to be accomplished in every case, whether it be conducting surveillance, backgrounds, skip tracing, assets & liabilities, or defense mitigation. This applies to the investigation, interview, research, and reports. We are often asked what are some of the best practices essential to investigations – in addition to covering ‘the basics’ of who, what, when, where, why and how. Expanding on these basics would be our FAQs.
 
In all investigations, and tasks within each assignment, the professional investigator will look for all consistencies, inconsistencies, and discrepancies – in the interview, records, reports, discovery, disclosure, etc.  In doing so, also determine if there is any supporting and contradicting evidence as it relates to all parties of the legal action.  Look for and document any new evidence.  The process in the search for new facts and evidence should also use all of the five senses:  see, hear, touch, taste, and smell. These may be provided in interviews, or seen in various incident reports.
 
This includes any subjective and objective information, first-hand accounts, hearsay, and the documentation and collection of evidence.  Although hearsay is not admissible in court or deposition, it is useful in determining additional information, confirming information, and potentially providing new leads.
 
All interviews should involve all senses of the witness and cover the full who, what, when, where, why, and how of all components of the incident that the interviewee does, or conceivably may, have knowledge of.  The professional investigator may have one opportunity for the interview and it is important to use it wisely.  Information from the interview may be used at any stage of the legal process – from settlement conferences and plea negotiations, to sentencing mitigation and appeals.  Does the interview, or even review of records and reports, cover the elements of criminal charges under investigation, or allegations in a civil tort case? Very often it is necessary – but overlooked – to go beyond the basics, the senses, and even the elements and allegations. Ask more questions, develop your own FAQs you should be asking, listening for, and researching. This may include if any cell, dashcam, or bodycam photographs and video were captured, were other people around, distances and time, etc. These FAQs may reveal important, and otherwise unknown, information.
 
Part of your complete investigation process should be based upon the concept that there are five sources of information for a witness:  sight, sound, touch, taste, and smell - the five senses.  Additionally, there are six knowledge subjects to which these apply:  who, what, when, why, where, and how.  These human elements of senses and knowledge encompass those areas in which the professional investigation will verify and uncover information, facts, and evidence important to the client. In doing so, there is also an increase in the value and reputation of the professional investigator.
 
(adapted from Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases by Dean A. Beers, CLI, CCDI ~ CRC Press 2011)

Investigators or Information Providers
 
We are very active in the various associations we belong to – from our state association to national and international associations. These each have professional listserves as a networking benefit to members – from asking for assistance, to sharing experiences – the sharing is a valuable resource. In recent years there has been a growth of social media groups serving much the same purpose, with disappointment.

 
Recently, and certainly not new – in fact, too often and regularly – we see an investigator ask for assistance, only to find a fraction of responders giving advice that gives you goosebumps. Most are well intended, just not well thought out. Others blatantly ignore ethical and legal issues – with the most common response being, “as long as my client is happy and I get paid.” This is more than a disservice to the client – who may not know how the sausage was made, only that it was – it takes our profession two steps back. Having worked closely at the state and federal level on regulatory and legislative issues for over a decade, we still hear the negativity – mostly due to television and movies, which somehow being fictional and with artistic license for entertainment is forgotten. As professional investigators, we have both reality and clients to satisfy – and a living to make.
 
By way of examples, topics such as obtaining surveillance video by any means and giving the client only what supports their position – usually at a disregard for a person’s reasonable expectation of privacy, to locating an individual and only using a database for answers. Just enough disregard to imperil the client's case - and reputation of the PI.
 
Having conducted individual locates, backgrounds and assets & liabilities investigations for over 30 years – and also both teaching and having published a book (in its third edition), we have some knowledge in this. This experience has included learning where the best source of information is, how data providers obtain, aggregate and disseminate information, and how to decipher the results down to the information needed to find results. Much to our dismay, we have been finding PIs simply handing their clients a data report – with no actual investigative know-how used. In most cases in which we questioned the PI about this practice, the general response was their client (usually an attorney or paralegal) took care of the rest. Not only is this not investigating – it is simply information brokering. This is not only a disservice to the client, it tells clients there is no value to hiring a PI.
 
Imagine Joe Citizen walked into an attorney’s office and requested assistance in responding to an erroneous collection demand. Expecting both legal advice and representation, Mr. Citizen is stunned when the attorney hands him a copy of state debt collection practices statute and bookmarks the applicable cite, and tells him the response he should give is on that page somewhere – and charges a one-hour consultation fee. By some responses, Mr. Citizen should be happy he was given the legal advice he paid for, and if he expected a letter with specific responses, he would pay more. This isn’t a fast-food restaurant where they offer to upsell your regular meal to a super meal for one dollar more.
 
Our clients receive, and every client of every professional investigator deserves, to have their cases and assignments conducted in a manner in which the final work-product to the client has accurate and verified findings – who, what, when, where, and how. These findings should be immediately actionable by the client.
 
For over 30 years we have shown our PRIDE – being Professional Reliable Investigators Defining Excellence with integrity, honesty, and intelligence. Not all private investigators and legal investigators are the same.  There are five core principles professional investigators universally possess and practice. Every client is promised, at a minimum, the following:
 
Skills Appropriate for the Assignment
Law firms and medical offices specialize - Professional Investigators also specialize.  Their casework and continuing education should also be in your specialized areas.
 
Experience and Knowledge
Professional Investigators strive to maintain and further these. All professions have requirements of continuing education.  The CLI and CCDI programs require extensive compliance with continuing education.
 
Responsible and Ethical Conduct
Every component of the investigation has evidentiary considerations. Professional Investigators hold themselves to a higher standard and leaves no question as to the admissibility of their evidence.  Information without ethics is not evidence.
 
Effective Communication
Professional Investigators maintain communication with the attorney, client, witnesses, and other key persons in the investigation.  Moreover, reports are the product of an organized investigation and should reflect the work product you expect.
 
Keyword - 'Professional'
Honesty, Integrity & Intelligence.  These define Professional Investigators and gives you the confidence that your case is in competent and skilled hands.

The media has often been called the "fourth estate" or "fourth branch of government". In this role, they produce political information, opinion, influence political processes, and educate the general public. Their belief is the responsibility to inform and be essential to the healthy functioning of democracy.
 
This is true of professional investigators and private security agencies in being a key part of the American judicial system. Professional investigators produce information, facts, and evidence to inform and educate clients and juries, the public and government. In doing so, we have a responsibility to our clients and the public.
 
Professional security agencies are often the first line of authority at large public buildings and significant public gatherings. Often armed, security agencies work closely with state and local authorities to secure numerous public events, as well as with private, and public agencies from local and state to regional and federal facilities.
 
Professional investigators have a heightened level of responsibility to the public. Our clients include the general public, attorneys, at-risk private parties and victims, criminal defendants, civil litigants, and probate parties. The key role of the investigator is to report facts to the client; whether or not favorable to the client, and without any bias or motive.
 
Justice requires that all parties to a dispute possess all pertinent evidence to present in court. Professional investigators assist with civil, criminal, probate, domestic, workplace and many other judicial matters – and predominantly the same issues that do not find themselves in the judicial system, and those of post-conviction – such as wrongful conviction. This role includes supporting and defending the rights of every person – in our Bill of Rights this includes the 1st, 2nd, 4th, 5th, 6th, 7th, and 8th Amendments… and within every local ordinance, state and federal statutes, and regulations, and rules of evidence. This is done within our ethics, and to assure the no individual’s Constitutional rights are violated, or any without bias of a person’s age, race, gender, ethnicity, religion, sexual orientation, socio-economic status, or other area of personal traits.
 
Professional investigators also serve and protect our communities. In the public, business, and government, many are not aware of the range of public safety services these professions actually provide, including:

• Criminal Histories
• Locating Fraudulent Activity and Assets
• Finding Witnesses and Parties to Litigation
• Delinquent Child Support Investigations and "Deadbeat Parents"
• Locating Missing Persons
• Assisting ID Theft Victims
• Locating Missing Heirs
• Preventing Fraud & Fighting Identity Theft
• Workplace Fraud, Theft, Harassment, and Violence
• Sexual Harassment in Workplaces, Schools, and Public Office
• Locating Debtors
• Finding Pension, Insurance, and other Beneficiaries
• Protecting Consumers and Businesses
• Uncovering Worker Compensation and Insurance Fraud

 
The days of the popular TV and movie ‘private eye’ has never really existed – just as the days of ‘CSI’ also did not. From glamorized to simply unreal – these have always been entertainment in less than 30, 60 or 90 minutes. Most can watch a police or legal eagle drama and quickly remind themselves it is only entertainment. At times, as with any profession – there are those within who simply do not help the misinformation and misrepresentation any. Overall, there is a overwhelming honesty, integrity, and pride in our professions.
 
We have long taken this PRIDE to a new level – as Professional Reliable Investigators Defining Excellence! We have also long recognized that Together We Are Better! Recently, our friend Bob Heales reminded us – and those in attendance at a recent association meeting – Two Beers Are Better Than One! Together, we have always been a strong and supporting team together in our personal and professional lives. Its simply what we do, and in our agency we do it for our clients.

We have always been a Team. Contact us any time to find out how our Team can work with yours - Together We're Better!

It has long been a great honor and privilege to have developed our Equivocal Death Investigations / Death Investigation for Private Investigators distance learning course exclusively for PI Education for nearly a decade!

This month, Dean was a featured guest for the monthly PI Education webinar, hosted by friend and colleague, Hal Humphreys. Hal is not only the proprietor of PI Education, he is also for Pursuit Magazine - and more important, he is a fellow working licensed professional investigator of over 30 years - Find Investigations - and Certified Fraud Examiner.

Here is the link for the webinar - https://youtu.be/jJVqQrrAHlg. Not only was this a great experience, it was very informative for listeners and their questions. Unfortunately, an hour - even a day - doesn't cover all the most important facets of death investigation, and our passionate and important role in this expertise. What did we talk about? From our background to our passion, and our experiences to viewer questions, we covered a lot in one hour. This commentary shares some, but to get the full experience please watch the webinar. We have also added some important information to supplement the webinar - one hour was too short for such a passionate topic of great interest to many.

First - if you want to take the Equivocal Death Investigation course we developed for PI Education, and get a discount code - watch the webinar for more information!

Our Experience
We are passionate about what we do, our clients, and our profession. Dean started the agency in 1987, and Karen joined in 1996. They are a team personally and professionally.

Dean has extensive background in medicolegal-forensic and factual Investigations with law enforcement education, experience and relationships.  He has testified as an Expert in Forensic Investigations of Pattern Injury Analysis and Private Investigations, and is currently consulting nationwide as an expert in criminal defense homicide and civil equivocal death investigations for law firms, investigative colleagues and families.

As a death investigator Dean was involved in the investigations of all manners of deaths and incidents, training under six Forensic Pathologists.  From 2003-2008 he investigated over 150 scenes, assisted with approximately 400 autopsies and investigated nearly 600 additional non-autopsied cases. This does not include over 1,100 additional cases not taken for jurisdiction, in training or as the backup investigator (frequently in homicides and child deaths).

Over 6,500 hours of experience specific to death investigation and related injuries, negligence and causation - from investigation to forensic autopsy assistance.  Education and Training from 2000-2008 includes over 600 hours in the Law Enforcement Academy and 1200 hours of general and forensic investigative specific training in multiple disciplines.

Karen possesses strong interpersonal skills and ability to reach out to people, she brings a unique perspective to cases, particularly lifestyle matters and mitigation.  Her death investigation training and experience, together with her social work and general investigative skills and experience, are an asset to the medicolegal and criminal defense investigative processes.

With her education, training and experience as a death investigator, Karen was involved in the investigations of all manners of deaths and incidents, training under three Forensic Pathologists.  From 2004-2006 she investigated and assisted with numerous death cases and scenes, and assisted with forensic autopsies.

Learn more about us at www.DeathCaseReview.com/principals-bios.html

Our Passion
As compelling and fascinating as this field may seem - it is not for everyone, and it takes experience, passion, and compassion. We often hear from families, attorneys, investigators and funeral homes representing families, looking for where to turn in understanding how the death of a loved one was (or should have been) investigated.  They seek closure through answers. 
  
To help families, funeral homes and others, we wrote a short guide, “Survivors' Guide to Understanding Death Investigations” as a basic introduction into the concepts of the official investigation of death, such as by a coroner or medical examiner office. It is our hope that understanding these concepts will help the process of healing and closure.
 
This guide is based upon extensive combined legal and death investigation experience.  Specific to death investigation, this included responding to scenes and completing thorough independent investigations, and assisting with the autopsy.  In addition, the most dreaded and responsible component of the process included the determination, location and notification of the decedent's next-of-kin.
 
This guide is first intended to provide survivors some of the knowledge and insight to informatively and intelligently understand the concepts and protocols of death investigation, and the ability to ask the right questions.  Unexpectedly, the questions we received during the webinar can be answered with this guide. We hope this guide serves these purposes. 
 
For details, please visit www.UnderstandingDeathInvestigations.com

How We Work with PIs, Attorneys, and Families
Specializing as Legal Investigators and Expert Consultants in Personal Injury, Negligence & Death in Civil, Criminal & Probate litigation, we work primarily with other professional investigators, and attorneys, throughout Colorado and nationwide. We have found that many attorneys and families will reach out to local investigators for assistance. Often, the investigator - specialists and experts in their own right - may not be prepared to factually investigate and evaluate evidence and circumstances of a death - or serious bodily injury (which is simply events that did not cause death).

For nearly a decade we have worked closely with others to speak for the decedent and give answers to the family. This may be in a private situation, such as an equivocal death - homicide vs. suicide for example, or litigation, even post- conviction. We become an extension of their team. As needed, we may bring in our own expert consultants.

Are you a professional investigator interested in taking more death and serious bodily injury cases - from equivocal deaths for families, to criminal defense and civil litigation? We offer the ability to be an expert extension of your services - please visit www.EquivocalDeathInvestigation.com for details and generous referral compensation.

Facts and Myths in Death Investigation
From the "CSI Effect" with juries, to misinformation to families - we have seen many myths of deaths and the investigation process. First, a couple facts:
1. We see things others don't want to see. We see what people do to themselves and each other. Although we may see something new, we are not surprised.

2. Evidence does not lie. It can be misinterpreted, misrepresented, not provided, or altered and manipulated (i.e. statements, photographs, etc.). We require a 'Forensic Trio' of records, reports, and photographs from all investigating agencies and prefer primary source.

3. Evidence includes medicine and science, and experience. There are no assumptions, or pre-determined outcomes, or desired outcomes.

As provided in last month's commentary, there are four possible outcomes to the reviews of equivocal deaths:
1. The official investigation was competent, with the official findings consistent with the facts and evidence
This really needs no explanation - all the pieces fell into place, and fit to form a clear picture of the event.

2. The official investigation was not competent, with the official findings consistent with the facts and evidence
The most common area of questioned competence here is the investigation did not follow a protocol, or was not complete - perhaps both. Too often, in any investigation, the investigator or team find evidence that supports a theory, or reaches a plausible conclusion, which ultimately lacks verification. This is not to state or imply the investigator was lucky. Variables from skill and experience, to the evidence, did mesh together sufficiently for the appropriate findings.

3. The official investigation was competent, with the official findings not consistent with the facts and evidence
Similar to #2, and seemingly the opposite - this is the next most common area, but of questioned outcome. These false or unverified findings are most often the result of not analyzing or interpreting the evidence correctly (see #4), whether by cognitive bias or experience. Two persons or teams may conduct the same investigation, review the same facts and evidence, and reach different conclusions. This is what is often seen the courtroom, with opposing investigators and experts; even witnesses who see the same event differently, through no fault of their own.

4. The official investigation was not competent, with the official findings not consistent with the facts and evidence
This is the worst of the worst, and rarest of findings. From the course of the investigation, to the findings - there is issues from beginning to end. Evidence may not have been found, collected, or tested - or any combination. Evidence includes, not only trace evidence - but scene response and investigation; witness development, contact, and interviews; evidence development, collection, and testing. This is not to say the full and entire investigation was not competently conducted; however, it is to show that any component of the investigation not competently conducted and the conclusions, therefore, were unreliable and without factual basis.
(learn more about this at www.DeathCaseReview.com/afi-llc-blog/findings-in-expert-consultations-of-death)

Here are a few common myths:
1. A person cannot or would not... enter act here - things are not always as they 'should' seem and it is important to let the evidence tell us.

2. A person was happy, had a new / good job, new house, child on the way, etc. and had no reason to commit suicide. These are great events in life - things which would seemingly make any person happy. If you look at them from a different perspective - they are also stressors, and multiple stressors - especially if there are other circumstances (depression, anxiety, etc.) can be an issue.

3. A person would not commit such a heinous crime as murder, killing their spouse, or killing their children, etc. If we remove the personal relationship of the client, and look only at the evidence there is a story being told (or not).

4. Similar to #3 - a defendant had a motive (financial, affair, etc.) to commit the murder (or suicide). A motive is not an element of a crime - the element being one of the factors for which all must be proven for a conviction. A motive is simply information that lends to suspicion. If a person were embezzling money from work, or having an affair - and then a suicide or murder happened - these acts make them no more guilty, then the absence would make them innocent.

About the Equivocal Death Investigations Course
This training course is designed to provide a basic introduction into the concepts of the official investigation of death, such as by a coroner or medical examiner office, and the role that the private investigator may play in an equivocal death investigation. As might be expected, there are similar roles, overlapping roles and, of course, different roles and responsibilities.

The course will provide the investigator currently working in, or interested in working in, the death and personal injury investigation fields the knowledge and insight to informatively and intelligently conduct a criminal defense or civil investigation in which serious bodily injury or death is the subject matter of the litigation.

Upon successful completion of the course, the student will be able to do the following:

• Identify and review the role of the private investigator in equivocal death investigations
• Understand the investigative procedures and protocol in a death investigation
• Compare the coroner system vs. the medical examiner system
• Provide the investigator currently working in, or interested in working in, the death and personal injury investigation fields the knowledge and insight to informatively and intelligently conduct a criminal defense or civil investigation in which serious bodily injury or death is the subject matter of the litigation.

The course includes downloadable intake worksheets, check lists, and forms.

For details, please visit https://pieducation.com/product/equivocal-death-investigations
(don't forget - to receive a course discount - be sure and watch the PI Education webinar for the discount code - https://youtu.be/jJVqQrrAHlg)

We hope you watch and enjoy the webinar. As a colleague, you play an important role in our justice system, helping families and businesses, and being a steward of honesty, integrity and intelligence. Feel free to contact us any time if we can help you further your skills and help improve our own.

With appreciation and honored to serve you and our professions, Dean and Karen Beers

Dean A. Beers, CLI CCDI CFI-FTER and Karen S. Beers, BSW, CCDI, CFI-FTER
Associates in Forensic Investigations, LLC
A Rocky Mountain West Agency
(970) 480-7793
associates@DeathCaseReview.com

Legal Investigators and Expert Consultants

Personal Injury, Negligence & Death
Civil, Criminal & Probate Litigation

Fact Finding Investigations - Report
In Dean’s book, ‘Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’ – (www.PracticalMethodsForLegalInvestigations.com) the process of legal investigation, including conducting these types of investigations, is Prepare, Inquire, Analyze, Document, and Report.
 
In past months we shared some insight into each of the preceding steps of Dean’s developed professional investigative protocol – Prepare, Inquire, Analyze and document – at www.DeathCaseReview.com/afi-llc-blog. This month we will talk about the natural transition to Report.
 
The most important document the legal investigator, or expert, produces is their written report. Herein, ‘report’ refers to any written communication to the client. This report may be shared with clients, attorneys, insurances companies, judges, juries and even law enforcement. Just as the legal investigator reviews dozens of reports, so too will those same parties review the legal investigator’s report. It must not only be concise and factual, but also be free of errors that may diminish the perceptual quality of the report and work-product of the legal investigator. Reports may also include confidential memos. Prior to drafting any reports, it is important to determine from the client what is expected. This is particularly important to discovery and disclosure sensitive issues. It is also important to agree with the client on intervals of any reports.
 
In each report detail specific assignment progress and case status. This would include the status of any ongoing, suspended, or changed assignments. New findings, conflicting findings, mitigating and aggravating information are important to convey. Include the who, what, when, where, and how of each assignment and how they interconnect – from other parties to information, facts and evidence.
 
What does this Investigative Protocol do?
Legal Investigation, in both civil and criminal matters, is simply a progression from information and leads to the next assignment. It should flow naturally, and be flexible based upon the needs of the case, progress of the case, and developed information.
 
Legal investigators are fact finders, for better or for worse for the client. As such, legal investigators have a duty to the attorney-client to present a complete picture so that they may better assist the attorney in advocating for their client.

Fact Finding Investigations - Document
In Dean’s book, ‘Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’ – (www.PracticalMethodsForLegalInvestigations.com) the process of legal investigation, including conducting these types of investigations, is Prepare, Inquire, Analyze, Document, and Report.
 
In the last three months we shared some insight into the first three steps of Dean’s developed professional investigative protocol – Prepare, Inquire and Analyze – at www.DeathCaseReview.com/afi-llc-blog. This month we will talk about the natural transition to Document.
 
In the Document stage of this Investigative protocol it is time to review and document the factual information and evidence. There are three components to this: evidentiary discovery and disclosures, attorney-client and client, and the legal investigator’s work product.  There are three purposes to this documentation:  existing and excluded, cross referenced across components, and to maintain evidence protocols and procedures. the legal investigator should follow a protocol and methodology that includes record keeping and tracking - just as they do when reviewing of discovery and disclosures from opposing parties. In this we see the course of our own investigation, and the opposing investigation. This is primarily useful in criminal defense and looking into official investigations leading to charges and prosecution.  

This includes having evidence logs, photograph logs, diagram details, witness information, and time lines as needed. Keep continuous case progression information in a summary. As the case nears possible settlement, disposition, negotiations, or trial – the attorney will want a concise summary of the case reports. This will allow you to (almost) effortlessly present this information to the attorney.

This Document stage is not reporting or memorializing specifics of the case.  This Document stage is for the purpose of knowing what components are in the working case file.  Most of the tasks in this Document stage have been completed concurrently with the other stages:  Prepare, Inquire, and Analyze stages - as information comes in and is generated, it is logged with associated cross-references noted.  This Document stage is both a task and a check to ensure completion.  If it is not supported it cannot be reported; and, if it is not reported, it is not evidence.

Fact Finding Investigations - Analyze
In Dean’s book, ‘Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’ – (www.PracticalMethodsForLegalInvestigations.com) the process of legal investigation, including conducting these types of investigations, is Prepare, Inquire, Analyze, Document, and Report.
 
In the last two months we shared some insight into the first two steps of Dean’s developed professional investigative protocol – Prepare and Inquire – at www.DeathCaseReview.com/afi-llc-blog. This month we will talk about the natural transition to Analyze.
 
The Analyze stage of this Investigative protocol follows a series of important organizational planning steps.  It is where the rubber meets the road - the investigation and case gain traction.  The legal investigator has gathered information and determined the factual evidence versus the information provided only in the disclosure and discovery; and processes of law enforcement, government, and business or insurance investigators.  This Analyze stage is both a subjective and objective reasoning exercise completed within each assignment, then assignment to assignment or task to task – scene to scene and witness to witness, and so forth until the case is completed.  For this reason, it is important to organize the investigation into these individual assignments and stages. 
 
These stages are typically immediate, interim or intermediate, and long-term goals and needs.  This is primarily based upon factors outside of the legal investigator's control:  legal calendaring requirements, availability of records and reports, and the priority and availability of witnesses, and so forth.  As noted in the Prepare stage, prioritizing is an important part of the investigative preparation.  Key components to prioritize are:  evidence and discovery or disclosure analysis, incident investigation and documentation, and key witness interviews.  These are generally always the first and short-term priorities of the initial stages of the investigation.  After this is completed, in the Inquire stage, an analysis must be done.  The legal investigator will look at the totality of the evidence as an assessment.  First is the analysis of the provided records and reports.  Then will be the analysis of the Inquire information – your investigation to date.  Finally, will be the comparison of the two packets of information - ultimately determining what is factual, possible or plausible, and what is partially to wholly fiction.
 
The legal investigator has invested a significant amount of time, funds, and resources working the case just through the Prepare and Inquire stages.  This Analyze stage is not as fundamentally consuming of resources; it is however, equally important.  This is particularly true of the two areas of investigative findings to be analyzed:  provided information and information developed in this Investigative Protocol.  The analysis is not as time intensive as this Investigative Protocol and processes to date.  This is because the training, education, and experience of the legal investigator provide for this.  Legal investigators have two important skills:  to be inquisitive and analytical.  They work with and complement each other.  As with transitioning from Prepare to Inquire, the transition from Inquire to Analyze is natural for the seasoned legal investigator.  This transition may be during the Inquire stage, depending on the assignment, or it may be a completely separate function.  An analysis at the scene of a motor vehicle collision may be concurrent with that inquiry, and particularly before leaving; it may also be two-part, with further in-depth analysis usually done at a later time.
 
Analysis of each stage involves:  a complete comparison of the information; determination of any missing, conflicting, supporting, and damaging information; assessment of the strengths and weaknesses of the information, facts, and evidence; additional assessment of the strengths and weaknesses of the witnesses, parties of the case and other involved persons; assessment of the strengths and weaknesses of the investigative process to date; and a complete assessment and analysis of the case progress to determine any new, continued, or different course of action to recommend and consider. 
 
This is also the time to determine if there is any follow-up to any assignments that were addressed during this assignment of the investigation.  In short, the legal investigator is providing a check and balance to ensure that no evidence is being forced upon a theory, or that no theory is being forced upon the evidence.  This is true of all information provided and developed in this Investigative Protocol, without regard for who is providing the evidence.  This process will continue throughout the assignment and the overall case, until the case is settled, dismissed, or other disposition reached.

Fact Finding Investigations – Inquire
Last month we shared some insight into the first step of Dean’s developed professional investigative protocol – Prepare – at www.DeathCaseReview.com/afi-llc-blog/fact-finding-investigations-prepare. This month we will talk about the step most jump to – Inquire. This is simply the investigative process, and may include witness interviews, detailed analysis of records, reports, and photographs, research, etc. It’s a smooth transition from Prepare and is focused on getting down to the facts of the case through full inquiry. This is the time to complete background records checks and investigations, contact victims and witnesses, and possible opportunities to expand your investigation.
 
All professional investigations – from law enforcement to private, and from surveillance to criminal investigations (defense or prosecution) – have core skill sets:
- Research
- Interviews
- Report writing
 
One common example is locating individuals – which requires all three. If you can conduct individual locates, you can conduct background investigations. If you can do both of those, you can do assets and liabilities investigations. These are not only important skill sets, they are fundamental skill sets – which give the ability to conduct basic and fundamental investigations.

In Dean’s book, ‘Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’ – (www.PracticalMethodsForLegalInvestigations.com) the process of legal investigation, including conducting these types of investigations, is Prepare, Inquire, Analyze, Document, and Report.
 
The investigative process is dynamic. It changes with new information from all the various sources and inquiries. Within your given parameters and priorities, follow the process…expand your investigation!  This is accomplished with canvassing the neighborhoods and businesses for witnesses, mapping and obtaining data for security/surveillance cameras, obtaining weather reports and warnings, road conditions, and history of incident area. These important steps will aid in confirming what is in the reviewed reports and what witnesses report. Check the unusual---quiet neighbor, urgent care clinics, food banks, homeless shelters, and delivery drivers.
 
Often the attorney-client will have limited knowledge and resources that are important to legal investigators. For this reason, it is important to make recommendations and requests for additional information (i.e. EMS logs, 911 calls) that may have been overlooked. This information may not be included in discovery, and may have details and other persons to contact, as well as may confirm or dispute other reports and statements. This is an important investigative step to find all of the case facts. Every report or memo submitted will likely provide an opportunity to make recommendations and requests for additional information. Not only is this beneficial to the case at hand, it also conveys integrity, experience and skills – professionalism – to the client.
 
The stumbling block for new investigators is what areas to focus on and offer their clients. This would depend on experience, preferences, and goals. Following this protocol will expand your skill sets and abilities. This Inquire Protocol is, of course, the key to a complete investigation in fact finding; it is not the only one – it is not the beginning or end.
 
Not only should a person seek to improve themselves and their investigative skills, they should seek to learn and improve on other skills and areas – adapt. In our 30 years as professional investigators, we have seen many things come and go – from how investigations can be conducted, to what is available due to changing laws and technology. What has never changed are the foundational skills to make full and complete investigations – Inquiry. These are Research, Interviews, and Report writing. Learn how to find people and find out about them. From witnesses to adverse parties – you will always need these skills, and will always be able to expand on them.

Fact Finding Investigations - Prepare
One of the most important and core tasks of investigators – from law enforcement to private, in civil and criminal litigation – is the witness interview. Witnesses can be victims or accusers, clients or defendants, those present at an event, and those not present who have information (hearsay). Generally, there are two sides to each witness – their own, and another’s; and the truth is the area between – which can lean more towards one person or another. It is the investigator’s duty – and skill – to assess the witness and fully inform their client (attorney, prosecutor, etc.) of the witness provided details. It is further important to empirically compare and contrast all details reported by witnesses, and also to other independent facts. Together these begin to tell the story, and determine the credibility of persons involved – including other investigators.

As noted in each of our books, the interview process is part of the fact gathering process – it is preceded by fact gathering, includes fact gathering, and is followed by more fact gathering. In Dean’s book, ‘Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’ – (www.PracticalMethodsForLegalInvestigations.com) the process of legal investigation, including each interview, is Prepare, Inquire, Analyze, Document, and Report.

The first step, in the full investigation and in each component and task – each witness, scene, event and empirically. Acquiring information, facts and evidence is a step-by-step building process, and we begin with the Prepare step.

As the old story goes, in the example of circumstantial evidence, is waking up to snowfall and seeing rabbit tracks in the snow. The conclusion seems obvious, it snowed overnight and a rabbit crossed in the snow. Both are reasonable conclusions of circumstantial evidence. It can be assured it snowed overnight, as there is no other explanation for snow on the ground in the morning. However, can it be concluded a rabbit crossed in snow – is there another explanation? Had you seen the rabbit cross in the snow, it would be conclusive. The same can be said for a physical altercation.

Two persons are on a public roadway, one is ahead on a motorcycle and another is passing in a vehicle. In changing lanes, returning to the ‘slow’ lane, the vehicle cuts off the motorcycle – as later reported by the motorcycle driver. The vehicle driver reported he did not. There are no other reported witnesses. In the course of the investigation, you obtain an independent statement from the vehicle driver’s insurance – who there is now a claim against (‘adverse driver’), which has been denied. The statement includes the vehicle driver reporting there were three additional persons, on motorcycles, who stopped and he was threatened – and left the scene of the accident out of fear for his life.

Law enforcement received a report from the motorcycle driver, and did contact the vehicle driver from a license plate reported. The motorcycle driver stated he was alone and did not threaten the vehicle driver. Law enforcement, several days after the event and having no other information, writes a citation to the vehicle driver for careless driving, but not for leaving the scene – the motorcycle driver is not cited. Your client is the attorney for the claimant, the motorcycle driver, and your task is to determine the facts which establish liability. Your task is NOT to only establish liability against the vehicle driver.

To ‘Prepare’ for your interview of the vehicle driver, you first obtain the Traffic Accident Report and statements, and also both the 911 calls and the dispatch log (i.e. Computer Aided Dispatch – CAD; or Calls For Service, etc.). From these you learn the following:
- The dispatch log shows the vehicle driver was the first caller from the scene.
- There were two other identified callers, also from the scene and the log includes information from each they witnessed an vehicle driving erratically in traffic and cut off a motorcycle. Neither stopped.
- The 911 call from the vehicle driver includes their statements of driving on the road, being surrounded by 3 or 4 loud motorcycles, and then being able to pass them. After he did, they sped up and surrounded him again, slowed down, and forced him to stop. After that, they were trying to open his car door and he was able to drive off, pulling into a gas station to call 911.
- The 911 call from the first witness states they saw a vehicle, described and matching the vehicle driver’s, pass them and then a car in front of them, and then a motorcycle. It looked like the vehicle pulled over fast because of another vehicle coming at them, cutting off the motorcycle.
- The 911 call from the second witness states they were behind a motorcycle, when a vehicle – which they could not describe, other than dark, passed them and the motorcycle, then cut off the motorcycle as another car passed from the opposite direction.
- There was no 911 call from the motorcycle driver.

Briefly, back to the 911 call of the vehicle driver and an important fact intentionally left out of the above information. During the 911 call, you hear the vehicle driver’s voice in a panic and you also hear loud banging and a male yelling he is going to pull him out of the car and beat him to death.

Also, back to the dispatch report and another piece of information – many now include GPS coordinates of the cell phone tower transmitting the call. Using any popular mapping software, you find the vehicle driver’s call came from closer to the reported scene of the traffic event, and not a gas station several miles away.
From your pre-interview preparation, you have learned the following:
- There were at least two unreported witnesses as 911 callers;
- Both reported the vehicle driver as driving in an unsafe manner;
- One reported seeing the vehicle driver cut off the motorcycle;
- Both reported seeing only one motorcycle;
- Neither reported seeing the vehicle or motorcycle stop;
- The first 911 call GPS, from the vehicle driver, was at a point several miles from where he reported calling from; and
- The first 911 call included background of a single person outside the vehicle making threats to the vehicle driver.

In many similar cases, there are now dashcams and personal cameras available at popular electronics stores. These are available to everyone, and can be mounted on bicycles, motorcycles, helmets, vehicles, etc. Cell phones are also used for photographs and videos. It is important to determine if any of these devices were used by any reporting persons, witnesses and law enforcement.

As investigators, our purpose is to find and report information, facts and evidence to our client. As legal investigators, this is to our attorney-client; as law enforcement this is to the prosecutor; and as insurance adjusters this is to the insurance company. Knowing we are investigating after-the-fact, it is important to keep in mind others also investigating may not have had all the information at the time of their investigation, and who they represent – insured, accuser, defendant, etc. – may have a cognitive bias, and perhaps only information supporting their claim is reported. Remember, our task is NOT to only establish liability against the opposing party.

Establishing a fact pattern is important to assuring your client is fully informed and can make appropriate decisions and legal strategy in the best interests of their client. This may include dropping any claims or charges, amending any claims or charges, or accepting a settlement or plea offer. The time to learn of what should have been investigated is NOT during any hearing, proceeding or trial – it is before.

Every investigation has its limitations – from time to resources to funding. The process of investigation, and the depth as well as direction, are dictated by these factors, as well as the directions of the client. As a legal investigator, we are tasked with finding all information, facts and evidence to present to our client, for them to make a full and informed decision in the best interests and protection of the rights of their client.