HOW TO CHOOSE ... There are several factors to consider prior to employing a licensed private investigator. When interviewing an investigator, have clear objectives defined to determine if the investigator is qualified and to establish the parameters of your case. The average private investigator charges between $50 to $200 per hour. However, you should never base your decision strictly on fees, you may find out (usually after the fact) that your decision to save a few dollars will cost you far more in the form of an unfavorable decision, wasted time and money, or possibly worse, litigation arising from the tortious acts of a under-trained private investigator. First, ask for a copy of their California state private investigator license, which can be verified at the Bureau of Security & Investigative Services website. Regardless if they have an out-of-state license, they could be operating illegally in California and the evidence they obtained could be rendered useless. Also ask to see their CV or rather Curriculum Vitae (professional resume). If they don't know what a CV is ... walk away! Here is what you should look for: LICENSED : First and foremost, ask if the investigator is California licensed and how long. Then exercise due diligence and verify it through the Bureau of Security & Investigative Services website. California law requires that Private Investigators be licensed through the California Department of Consumer Affairs, Bureau of Security and Investigative Services in order to provide services in California. Any evidence obtained by an unlicensed investigator or out-of-state private investigator can be sanctioned and thrown out in your litigated matter. A perfect example of this failure to exercise diligence is the highly publicized California death penalty appeal of convicted killer Michael Morales. The legal staff for Morales contracted "criminal defense investigator" Kathleen Culhane. Had the attorneys first checked and determined Culhane was unlicensed, they would have saved considerable time, money and public embarrassment. It was subsequently determined Culhane was unlicensed and submitted fabricated witness and juror statements allegedly recanting their prior testimony and decisions. These "statements" were the basis for the appeal and were submitted to the Governor for consideration as well. Culhane plead guilty to perjury, forgery and falsifying documents in four separate death row cases. CONFIDENTIALITY : Confidentiality of investigations is a state law requirement. It is not a selective benefit of using a particular company. LSIS has been contacted by numerous media organizations to either conduct investigations for a televised program or to comment on active cases. * Cheaters * The Tyra Banks Show (re: infidelity) * CBS 48 Hours and more. LSIS has NEVER consented to an interview or to exploit and capitalize on a client's misfortune. LEGALITY AND LIABILITY : Are the services you ask the investigator to engage in legal? If you're not sure, a competent licensed private investigator should know. A 1973 California appellate case, Noble v. Sears Roebuck, held that the attorney/client can be partially liable for the acts committed by a private investigator. We have seen this in the highly publicized case of the Hollywood P.I. to the Stars, Anthony Pelicano. His clients and attorneys have or are currently facing civil litigation and criminal charges. The legal fees alone, even if you are not found culpable could prove financially devastating. WORKING KNOWLEDGE OF THE LAW : Police officers are not hired and immediately placed on the street. They go through extensive training in criminal law codes, usually in the form of a seven month academy. Additionally, they receive ongoing training and updates on changes in law throughout their employment. Similarly, the private investigator must understand the basic elements of relevant laws before he/she can competently investigate a litigated case. Does the private investigator have a working knowledge of civil litigation or criminal law? Additionally, do they understand the legal issues that are to be addressed in your case? Are they familiar with the laws that govern their conduct, the majority of which are found in the Private Investigators Act? Does the private investigator you plan to employ understand the many and ever changing state and federal privacy laws? Many times, an honest and/or over zealous, but under-trained private investigator unintentionally commit torts that their client may be held liable for. Reference: Nunez v. Melgar Investigations (2004) 59 Cal. Comp. Cases 1133 FORMAL EDUCATION : Do they have a college degree or formal training? If so, does the educational background assist them in their investigative endeavors and will it benefit you? EXPERIENCE : What is the licensed private investigators previous experience? This can be crucial considering a large number of licensed private investigators have no formal training or professional experience. They may have worked infidelity surveillance for three years and obtained their P.I. license. Is this someone you trust to handle your litigated matter? ONGOING TRAINING : Has the licensed private investigator spent time investing in his/her career, furthering his knowledge base by seeking some form of continuing education? How does the private investigator remain current on the ever changing laws? Currently in California there are no pre- license educational requirements to become a licensed private investigator. Your P.I. could be a high school dropout. Worse yet, once licensed, there is no mandatory continuing education requirement to maintain the license. Is the investigator familiar with the privacy laws, the Gramm-Leach-Bliley Act of 1999 or the Fair Credit Reporting Act? The Hewlett Packard scandal revealed this very problem when licensed private investigators, hired at the direction of the CEO stole the identity of board members, used their confidential information (date of birth and SSN number) to obtain confidential phone records. The CEO that hired the P.I.s resigned, faced criminal and civil charges, the P.I.s were criminally charged and Hewlett-Packard agreed to a $14.5 million settlement payout. PROFESSIONAL AFFILIATIONS : Every investigator should be affiliated and in good standing with a professional association to help them remain current on investigative trends, legal updates and other related issues. CERTIFICATIONS / AWARDS Certifications and awards help identify the investigators expertise in his field. WORK PRODUCT : Ask to see an example of the investigators work product. Are they able to articulate the facts of the investigation to a lay person, such as a juror? Do they present the evidence in a methodical, logical and chronological order? REFERENCES : Always ask for references and testimonials. All of the previously addressed issues should be maintained within the licensed private investigators Curriculum Vitae.