Associates in Forensic Investigations
Standards of Practice
Our Commitment to Client Confidence in an Unlicensed Colorado

Agency Code of Ethics www.DeathCaseReview.com/ethics

Agency Legal Investigator Standards of Practice
 
These Agency Legal Investigator Standards are formerly adopted effective 09/01/2020, following the repeal of the Colorado Private Investigator Licensing Program as vetoed 07/11/2020. Registration and regulation of private investigators was formerly found in CRS 12-160-101 et seq. The Agency includes any member, employee, or subcontractor.

Associates in Forensic Investigations, and its principals, remain licensed in Cheyenne WY (assuring a clear FBI fingerprint background), individually bonded, and agency insured; as well as maintaining multiple Professional Certifications. We have and will continue to follow nationally recognized standards of practice and ethics for the mutual protection of our agency, clients, work-product, and client confidentiality.

I. Scope and Purpose
These Agency Legal Investigator Standards are formerly adopted to demonstrate we are Committed to Client Confidence, and have formally adopted Standards in conjunction with our adopted Ethics. These Agency Legal Investigator Standards are applicable to every client and case accepted by this Agency in performing Legal Investigations and Expert Consultations in Colorado or any jurisdiction.
 
Agency Legal Investigator Standards are formerly adopted for any Legal Investigation or Expert Consultation for the purpose of obtaining information for clients pertaining to:

1. A crime, wrongful act, or threat against the United States or any State or Territory of the United States;
2. The identity, reputation, character, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, or transactions of a person, group of persons, or organization;
3. The credibility of witnesses or other persons;
4. The whereabouts of missing persons;
5. The determination of the owners of abandoned property;
6. The causes and origin of, or responsibility for, libel, slander, a loss, an accident, damage, or an injury to a person or to real or personal property;
7. Securing evidence to be used before an investigatory committee, board of award or arbitration, administrative body, or officer or in the preparation for or in a civil or criminal process;
8. Locating persons who have become delinquent in their lawful debts;
9. The location or recovery of lost or stolen property;
10. The affiliation, connection, or relationship of any person, firm, or corporation with any organization, society, or association or with any official, representative, or member of an organization, society, or association;
11. The conduct, honesty, efficiency, loyalty, or activities of employees, persons seeking employment, agents, contractors, or subcontractors;
12. The identity of persons suspected of crimes or misdemeanors; or
13. Investigation, review, or analysis of any death or serious bodily injury for civil, criminal or probate litigation, administrative process, or family questioned death.

 
II. Licensure, Certifications, and Continuing Education
These Agency Legal Investigator Standards include vetting to include:

1. At least one active license in a jurisdiction requiring an FBI based fingerprint background check;
2. Compliance with any association membership rules, standards, ethics, and continuing education requirements;
3. The qualifications and requirements of any attained certifications;
4. Agency Professional Ethics (www.DeathCaseReview.com/ethics);
5. Compliance with applicable jurisdiction Rules of Evidence, Rules of Procedures, and applicable attorney Rules of Professional Conduct in the same manner if the Agency were retained by an attorney;
6. Compliance with the current edition of “Code of Professional Conduct: Standards & Ethics for the Investigative Profession”; and
7. Post and maintain coverage by a surety bond of at least $10,000 per Agency member, and Agency Errors & Omissions liability insurance of at least $2,000,000.

 
III. Agency Legal Investigator Standards of Practice
The purpose of these Agency Legal Investigator Standards is to list and define generally accepted standards of practice in the private investigator profession.
A. Contracts

1. The Agency shall enter into written Contract, Letter of Engagement, or Memorandum of Understanding with each non-attorney client.
2. The contract must include, at minimum, the following:

1. The date of the contract;
2. The parties to the contract;
3. A description of the services to be provided;
4. A description of the fees required for the services to be provided;
5. A description of how or when the contract will terminate or may be terminated by one or both parties;
6. A statement indicating that the client has the right to receive both an oral and written report; and
7. A statement indicating the Agency must provide a written and/or oral report to the client.

1. A copy of the contract shall be furnished to the client.
2. A contract may cover numerous assignments or investigations.
3. A written contract is not required under any of the following circumstances:

1. In an emergency situation when the services of the licensee are required and there is no time to enter into a written contract before conducting the services (and should be executed as soon thereafter);
2. When providing services to an attorney;
3. When providing services to another investigator as defined by professional and/or business licensure; or
4. When providing services to an insurance company.

 
B. Conflicts of Interest

1. If a potential client is represented by an attorney, the Agency will only accept a direct engagement with the attorney to preserve attorney-client privilege and attorney work-product doctrines (this includes agreements and payments, and communications only as directed by the attorney).
   
2. The Agency shall not be retained by more than one party in an investigation unless the fully disclosed to the parties involved.
3. The Agency shall not accept compensation, financial or otherwise, from more than one party for services on or relating to the same investigation, set of circumstances, court case, or issues unless all interested parties consent in writing, including this part 1 and 2.
4. The licensee shall avoid all known conflicts of interest with his or her employer or client, and shall promptly inform his or her employer or client of any business association, interest, or circumstance which could influence his or her judgment or the quality of his or her services. When such a conflict is unavoidable, the licensee shall forthwith disclose the circumstances to his or her employer or client.
5. A conflict exists when a private investigator, because of some personal interest, finds it difficult to devote himself or herself with loyalty and singleness of purpose to the best interest of his or her client or employer.
6. The licensee shall take reasonable steps to ascertain the existence of potential conflicts of interest among his or her employers or clients.

 
C. Confidentiality

1. Except as required by state or federal law, the licensee shall keep all information obtained in all cases confidential and for the use of the client only.
2. Confidentiality is not applicable to:

1. The client’s ability to waive confidentiality;
2. The Agency’s obligation to comply with a validly issued and enforceable subpoena or summons; and
3. Use of any relevant information in the defense of a claim asserted against a Agency.

 
D. Recordkeeping

1. The Agency shall keep separate and distinct files for each client; and shall be kept for a minimum of seven years from the date the investigation is completed or otherwise adjudicated.
2. All records must be kept in a reasonably secure manner to prevent access by unauthorized parties; and each record must contain at least the following:

1. All contracts and written agreements with the client;
2. Date investigative activities began;
3. Any final written report;
4. Accurate accounting of time spent;
5. Accurate accounting of activities conducted; and
6. Accurate accounting of expenses incurred by the Agency during the course of the investigation.

1. Records must be preserved in a manner that they are reasonably safe from intentional or accidental destruction and degradation.
2. Records shall be stored in a readily accessible manner. “Readily accessible” means in a form that can be produced within ten days of demand, under ordinary business conditions.
3. Record destruction shall occur in a manner that ensures the records cannot be reconstructed.

 
E. Advertising

1. The Agency shall not use any advertisement, letterhead, circular, statement, or phrase which suggests the Agency is an official law enforcement or investigative agency, or government entity.
2. The Agency shall not falsify or permit misrepresentation of professional qualifications, or misrepresent, or exaggerate the degree of responsibility in or for the subject matter of prior assignments.
3. The Agency shall present, upon request suitable identification which substantially distinguishes themselves from any local, state, or federal law enforcement agency.
4. The Agency must not use false, misleading, or deceptive advertising.

 
F. Business Standards and Compliance with Laws

1. The Agency shall obtain all necessary permits to conduct business; including to carry firearms and must any required permit.
2. The Agency shall not present themselves, or cause another person or entity to believe, as a law enforcement officer or a peace officer.
3. The Agency shall not advise any person to engage in an illegal act or course of conduct.
4. The Agency shall not violate state or federal laws, rules or regulations related to the care, handling or use of firearms or other dangerous weapons.
5. The Agency shall not neglect, fail, or refuse to render professional services to any person solely because of age, race, color, disability, sex, sexual orientation, religion, creed, national origin, marital status, lawful source of income, or ancestry.
6. The Agency shall not fraudulently bill or charge a client; and must provide clients with an invoice or statement of services and expenses as designated in the Contract.
7. The Agency shall not obtain or attempt to obtain anything of value from a client without the client’s consent.
8. The Agency shall take into account all applicable laws and regulations and not knowingly provide services resulting in the violation of such laws and regulations.
9. The Agency shall be accurate and truthful in all professional reports, statements or testimony; and shall include all relevant and pertinent information on such reports, statement, or testimony.
10. The Agency shall not knowingly violate a court order or injunction in the course of business.
11. The Agency shall obey all applicable federal, state, and local laws and regulations of a political subdivision of a state or the agencies of the federal government. Including, but are not limited to, those that involve stalking, harassment, invasion of privacy, wiretapping, credit reporting, and those that involve protection orders against an involved party.
12. The Agency shall not knowingly disclose the location of a person covered by a protection order to any party, including third party, against whom the protection order has been issued.

 
G. The Agency shall not engage in the practice of private investigation incompetently or in any other manner outside the generally accepted standards of practice of the investigative profession.

---

We thank you for considering our agency for your Expert Consultations and Legal Investigations in Personal Injury, Negligence & Death in Civil, Criminal and Probate litigation, with an emphasis on cases involving Death and Serious Bodily Injury. Please contact us for your free initial case evaluation!

Click the business card to download:

< Click Here > to learn "What is a Certified Forensic Death Investigator (CFDI)?"
< Click Here > to learn "What is a Certified Legal Investigator (CLI)?"
< Click Here > to learn "What is a Certified Criminal Defense Investigator (CCDI)?"
< Click Here > to learn "What is a Certified Forensic Interviewer-Forensic Testimonial Evidence Recovery (CFI-FTER)?"
< Click Here > to learn "What is a Certified Forensic Science Investigator?"