Private Investigators Can Be Valuable in the Right Case

Many clients assume that hiring a private investigator will dramatically change the outcome of their divorce or child custody case. Television and movies often portray investigators uncovering secret affairs, hidden bank accounts, or other dramatic evidence that immediately decides the lawsuit.

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In reality, private investigators are valuable for a much narrower range of purposes.

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When used strategically, an experienced investigator can help gather evidence, locate witnesses, find missing property, conduct surveillance, and assist with service of legal documents. In many cases, however, the cost of hiring an investigator outweighs the likely benefit.

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Whether hiring a private investigator makes sense depends entirely upon the facts of your case.

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Locating People and Serving Court Papers

One of the most common reasons attorneys retain private investigators is to locate individuals whose whereabouts are unknown.

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If your spouse has moved without leaving a forwarding address, is intentionally avoiding service, or has become difficult to locate, an investigator may be able to identify a current residence, place of employment, or other location where service can be accomplished.

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Investigators frequently assist attorneys in locating witnesses, family members, and other individuals who possess information relevant to the litigation.

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Successfully locating and serving a party early in the case often saves significant time and litigation expense.

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Finding Hidden or Missing Property

Private investigators can also assist in locating valuable personal property.

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In some divorces, one spouse alleges that firearms, jewelry, coin collections, artwork, vehicles, construction equipment, trailers, collectibles, or other valuable assets have disappeared shortly before the divorce was filed.

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Depending upon the circumstances, an investigator may help determine where property has been moved or whether assets are being concealed from the court.

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This type of investigation is often more productive than attempting broad surveillance without a specific objective.

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Surveillance Can Be Helpful in Some Cases

Surveillance is one of the services most commonly associated with private investigators.

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In appropriate cases, surveillance may provide useful evidence regarding parenting behavior, possession exchanges, violations of court orders, cohabitation, employment activities, or other factual issues relevant to the litigation.

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Surveillance, however, is often very expensive. Investigators typically bill by the hour, and multiple days of surveillance may be required before obtaining meaningful evidence. Even then, there is no guarantee that the surveillance will produce information helpful to your case.

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Before authorizing surveillance, it is important to discuss with your attorney whether the anticipated benefit justifies the cost.

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Investigators Rarely Discover the “Silver Bullet”

Clients sometimes hope that a private investigator will uncover definitive proof of drug use, marital infidelity, hidden relationships, or other dramatic evidence.

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Those situations certainly occur, but they are far less common than many people expect.

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Most investigations do not produce a single photograph or video that immediately determines the outcome of the case. Instead, investigators typically gather smaller pieces of evidence that, when combined with other testimony and documentary evidence, help establish a larger factual picture.

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Setting realistic expectations before hiring an investigator is important.

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Specific Information Is Often More Valuable Than General Suspicion

Private investigators are most effective when they have reliable information from which to work.

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If you know that a particular event is expected to occur at a certain location and time, tell your attorney immediately. Information regarding a specific address, meeting place, possession exchange, travel plans, or recurring schedule often allows the investigator to focus resources efficiently.

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General suspicions without supporting information are usually far more difficult—and far more expensive—to investigate successfully.

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Private Investigators Must Follow the Law

Private investigators do not possess special authority to ignore privacy laws or trespass onto private property.

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They cannot break into homes, access private financial accounts without legal authority, intercept protected communications, or engage in unlawful surveillance.

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Likewise, investigators generally may not place GPS tracking devices or other electronic tracking equipment on another person’s vehicle or property without lawful authority. The legality of electronic tracking depends upon the specific facts and applicable state and federal law, and violations may expose both the investigator and the client to significant legal consequences.

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Evidence obtained unlawfully may be excluded from court and may create additional legal problems that outweigh any potential benefit.

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Private Investigators Cannot Harass or Intimidate the Other Party

The purpose of hiring a private investigator is to gather lawful evidence—not to pressure, intimidate, embarrass, or harass the opposing party.

Repeated unwanted contact, following someone in an unreasonable manner, communicating threats, or engaging in conduct designed to interfere with another person’s daily life may expose individuals to civil or criminal liability.

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Courts expect investigations to be conducted professionally and within the limits established by law.

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Discuss the Cost Before Hiring an Investigator

Every dollar spent on litigation should advance your case.

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In some situations, retaining a private investigator is one of the best investments a client can make. In other cases, the same funds may produce greater value if used for a custody evaluator, forensic accountant, business valuation expert, deposition, mediation, or additional trial preparation.

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An experienced family law attorney can help determine whether an investigator is likely to produce evidence that will materially affect the outcome of your case.

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Fergus & Tomanka Helps Clients Determine When an Investigation Is Appropriate

Private investigators can play an important role in certain family law cases, but they are most effective when their work is focused on a specific objective supported by the facts of the case. Careful planning often avoids unnecessary expense while ensuring that important evidence is preserved and presented effectively.

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At Fergus & Tomanka, we regularly work with licensed private investigators, forensic accountants, business valuation experts, and other professionals when the facts justify their involvement. We help clients evaluate whether an investigation is likely to provide meaningful evidence and develop a litigation strategy that makes the most effective use of their resources.