We are often contacted by clients who need investigative services relating to a litigation matter and need us to conduct research or uncover facts that they may or may not wish to disclose in the litigation. Records such as witness statements, expert opinions, and investigation report are types of records where the question of litigation privilege arises.
When hiring a private investigator, it is important to be aware that the private investigator’s reports are not, in and of themselves, protected by privilege. The exception however is if the private investigator was retained in contemplation of litigation and the dominant purpose of the investigator’s report was for litigation, either contemplated or existing.
Therefore, when contacting a private investigator, here are some useful suggestions to help maintain a claim of litigation privilege over the investigator’s report:
By Sean Gladney, Vice-President, The Investigators Group Inc.
For more information regarding privilege, you can contact Sean via email at email@example.com
The Investigators Group Inc. (IGI) was established in 1995 as a full service private investigation and security firm serving individuals across North America. We serve the legal, insurance and corporate communities as well as individuals through our civil and executive services. IGI provides professional surveillance services, fraud investigators, workplace investigations, undercover operations, loss prevention and security services.
Contact us today so we can provide the appropriate investigative solution for all your needs.
A licensed private investigator is trained in investigative techniques and must understand the procedural steps required to be followed in order for video surveillance to be admissible.
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I have seen first-hand how fraud can be harmful to a company’s reputation and brand. Engaging in a fraud investigation is difficult and can erode the trust and morale of employees and raise questions and concerns to your outside relationships, customers, suppliers and even prospective employees. That is why before engaging in any investigation, I will ensure that I explain to the client the investigation process, the potential scope and risks, and care is taken in planning the execution and timing of any investigation.