| Lawyers hire private investigators to find potential | | | | you should always document the interview with a |
| witnesses and interview them because it is cheaper | | | | digital recorder. Before recording an interview, it is |
| for the client to pay the investigator than it is to pay | | | | necessary that the private investigator obtain |
| the lawyer. | | | | permission from the witness prior to engaging the |
| Once the private investigator finds a witness with | | | | "record" button. Some witnesses, however, are |
| information valuable to an investigation, then the | | | | reluctant to give you permission to record the |
| lawyer may schedule what is known as a deposition | | | | interview. |
| for the witness. A deposition is a statement made by | | | | To circumvent this objection, one technique that |
| a witness under oath. His statement is either written | | | | seems to work very well is to tell the interviewee |
| or documented via a tape or video recorder. These | | | | that the interview will take longer if the private |
| recordings can then be used in court at a future time. | | | | investigator has to write down notes from the |
| It is common to record a deposition in case the | | | | interview in lieu of recording the interview. Just be |
| witness is not available due to an illness. | | | | subtle in your approach to having the interview |
| Depositions are costly and time-consuming and | | | | recorded. |
| require that the court reporter be available to | | | | Once the witness gives you permission to record the |
| document questions and answers. The opposing | | | | interview, there are four items that need to be |
| counsel can also be present. A lawyer does not want | | | | covered at the very start of the recording. You |
| to depose everybody in the neighborhood where a | | | | must: |
| car accident occurred. He only wants to depose the | | | | |
| persons who actually witnessed the accident and | | | | 1. State your name and occupation. |
| who will help his case. | | | | 2. State the date, time, and location where the |
| For example, you, the private investigator, might find | | | | interview is taking place. |
| a woman who can testify that the driver of one of | | | | 3. State the name of the witness and mention that |
| the cars involved in a multi-vehicle collision that you | | | | he has given consent to record the interview. For |
| are investigating was inebriated when he left a party. | | | | example, "Mr. Sanchez. Do I have your permission to |
| Later, that driver caused the accident. The witness, | | | | record this interview?" Make sure that the witness |
| even though she did not see the accident, could | | | | verbalizes a "yes" to that question. A simple nodding |
| attest to the driver's condition prior to the accident | | | | of the head will not do especially in court. |
| when he left the party. | | | | 4. Mention the nature of the interview; i.e. a |
| You, the private investigator, need to obtain all the | | | | multi-vehicle accident that occurred on whatever |
| pertinent information, however good or bad, for your | | | | time, date, and location. |
| client. But your client, the lawyer in this case, does | | | | Some clients will want the original tape. Never give |
| not want the opposing side to know there is a | | | | them the original. Always give them a copy. You will |
| witness out there that will damage his case. If the | | | | need the original in case you go to court. |
| lawyer obtains from the witness information harmful | | | | Documenting an interview is vital in a case especially |
| to his case, the opposing side will be at the | | | | for your client who is an insurance company that |
| deposition and know about it. | | | | wants to ensure that they are not overpaying on an |
| In order to ensure that you have all the pertinent | | | | insurance claim. |
| facts and do not exclude anything from your report, | | | | |