What is a Private
Investigator?
A Private Investigator, also known as a
P.I., is
a privately employed person (non-governmental) who undertakes
investigations. They are not
peace officers (officers of the court) and therefore do not
work under the "color of law." Private investigators
often work for attorneys
in civil
cases or on behalf of either the plaintiff’s
attorney or the defense attorney. Many work for insurance
companies to investgate and resolve suspicious or fraudulent
claims. Before the
advent of no-fault divorce,
many private investigators were hired to search out evidence
of adultery
or other illegal conduct within a marriage
to establish grounds for a divorce. Despite the
modern day lack of legal necessity for such evidence
pertaining to divorce, according to press reports, collecting
evidence of adultery or other "bad behavior" by spouses and
partners is still one of the most requested services that
investigators are asked to undertake. Even with the advent of
no-fault divorce,
many private investigators are still hired to work child
custody cases. PIs
are expected to keep detailed notes and to be prepared to
testify in court
regarding any of their observations on behalf of their
clients. Taking
great care to remain within the law is also required or they
could risk losing their private investigator’s license as well
as facing criminal charges. Irregular hours may also
be required when performing surveillance
work.
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Who
hires a Private Investigator and why?
Attorneys,
insurance companies, corporations and individuals all hire
private investigators for a variety of legal purposes that
include, but are not limited to, locating people, conducting
background investigations for marital or other purposes,
surveillance in domestic and child-custody matters, and
pre-employment screening of staff. Attorneys need
private investigators for asset location, video photography,
witness interviews, trial preparation, civil and criminal
investigations, personal injury investigations and
verification, witness locating, process service, and levy
execution. Insurance companies typically utilize
private investigators for fraud investigations, witness
locating and interviewing, lost or stolen property location,
surveillance and witness interviews for workers' compensation
claims, casualty claims verification, and
photography. Corporations frequently use private
investigators to investigate workplace issues such as drug
use, employee theft, safety violations, EEOC cases and
financial fraud – just to name a few.
Private
investigators have the experience in searching public records
and have access to information sources that the general public
does not. In today's electronic data society, there is a
wealth of information to be found on commercial databases that
are not usually available to the general public. This ability
to find and access records in a timely manner equates to a
savings for the client. Most commercial information brokers
require that their customers (law enforcement, lawyers,
insurance companies, and private investigators) show proof of
licensure prior to access and charge either a per usage fee or
monthly flat rate contract fee.
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Is
The Conley Group, Inc. a licensed Private Investigative
Agency?
Yes. The Conley Group, Inc.
is licensed by the Iowa Department of Public Safety. Our Private
Investigative Agency license number is 790. As a licensed Private
Investigative Agency, we are required to meet stringent
guidelines as set forth in Chapter 80A of the Iowa Code and
661 Iowa Administrative Code, Chapter 121. The Conley Group,
Inc. is fully bonded and insured
for your peace of mind. In accordance with Iowa
law, any person who conducts private investigative activities
in Iowa must be licensed as a Private Investigator by the Iowa
Department of Public Safety. All members of our
agency who conduct private investigations are licensed I.D.
Cardholders under The Conley Group, Inc’s Private
Investigative Agency License.
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Yes. Anyone who
conducts private investigations in Iowa without being properly
licensed, except individuals who are exempt by law, has
committed a crime. Any unlicensed activity,
as defined by state law, should be immediately reported to the
Iowa Department of Public Safety in Des
Moines.
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Why
do people need investigative services if they already have an
attorney?
They
may not. However,
just as people need both a Doctor and a Dentist, clients may
need both an attorney and an investigator. Normally, if a client
has an attorney, and they also retain the services of a
private investigator through their attorney, the
investigator's work product becomes "shielded" (protected)
from disclosure in the discovery process to adversaries under
the attorney/client privilege. Attorneys prepare and
try contested cases but they are almost never trained as
investigators just as investigators are not normally
attorneys. Many
attorneys will generally welcome the professional assistance
of highly trained and qualified private investigators to
assist and augment their representation of a client. The
Conley Group, Inc., with its legal
and governmental investigative experience, fully understands
the Rules of Evidence and how to build an effective case for
the attorney to present in court or other
proceedings. It should be noted that we are not
attorneys and therefore are not either qualified or licensed
to provide legal advice to anyone. We recommend that anyone
who has a legal question should contact a qualified
attorney.
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Can
I discuss my specific needs without obligation?
Yes. We gladly provide an
initial consultation to potential clients without any
obligation on either their part or on ours. It is only through open
and honest discussion, under an assurance of confidentiality,
that we can determine whether or not we can be of assistance
to a potential client or if their case or situation is one
which could benefit from an investigation. Whether or not we reach
an agreement to proceed with conducting an investigation, we
will take all legal steps possible to protect our client’s
privacy and will not unlawfully disclose any information that
is provided to us during any discussions. In the event that we
cannot help a potential client, our policy is to refer the
potential client to another investigative agency that may be
able to assist them. If we cannot help someone, it
is our practice and ethical obligation not to enter into an
agreement with that person.
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How
does The Conley Group keep track of costs and time spent
conducting an investigation?
We
track our activities in the same manner as other professionals
such as lawyers and accountants. We closely track time as
well as all incurred expenses including travel, investigative
and administrative costs, and the actual expenses of
commercial database searches. It is the policy and
practice of The
Conley Group, Inc. to list all
expenses in detail on our invoices and to bill expenses at the
actual cost.
Investigative
& Administration costs include the hours performed for a
particular activity (hours x rate per hour). All
activities performed are itemized by date, hours, and mileage.
Expenses
may include the following items: Transportation (miles x per
mile rate), Out of Town Expenses, Photography, Records Search
(Court, MVR, Claims, Background Report), Clerical, Long
Distance/Fax, Postage, Fees Paid Out, and Miscellaneous
Copies.
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How do
the agreements, fees and expenses work?
Once
a potential client requests to retain The Conley Group to
provide an investigative service for them, there are two steps
that must occur before we can provide
services.
The
first step is to execute an agreement that basically contains
a description of the services that The Conley Group will be
providing for the client and what the costs will be for those
services. This
agreement helps protect both the client and The Conley
Group. Once an
agreement is signed, there is an initial retainer fee due by
the client. The amount of the retainer fee is based on an
estimate of what the investigative assignment will cost. Once these two steps are
completed, The Conley Group will begin providing the agreed on
investigative services for the client. When (and if) the
initial retainer fee is close to being used in its entirety,
the retainer fee must be replenished by the client in order
for the investigative work to continue. All retainer fees are
held in trust at The Conley Group. The case time and
expenses are then deducted from the retainer fee held in trust
on a monthly basis. All invoices contain a
complete itemization of time and expenses and any money held
in trust that is not used for an investigation is returned to
the client on a timely basis after the conclusion of the
investigation.
Corporate
and professional clients may enter into blanket
contractual agreements and forgo retainer fees by requesting
and being approved for an open account. The decision to grant or
not grant credit to any party or entity is the sole decision
of The Conley Group, Inc.
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How
much do investigations normally cost?
Each case is
dependent upon your specific needs. Our rates are very
competitive and reasonable. The
Conley Group, Inc. does have set hourly fees, plus
expense costs, and certain flat fees for various
services. A cost
estimate can be provided at the initial
consultation.
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Does
The Conley Group, Inc. guarantee its private investigative
services?
No. The fact is that no one
can manage the results of anything that cannot be
controlled. There
is no private investigative agency that in all honesty can
guarantee anyone the result of an investigation in
advance. There are
often too many variables and too much information that is
simply not knowable in advance. We
do not guarantee that the result of an investigation or search
will provide you with all of the information or the results
that you desire. For instance, in dealing
with information brokers and database providers, one must
always be aware that while the information has been found
reliable, it may not be guaranteed. We are seekers of the
truth, and the facts that we uncover during an investigation
are not always the facts that clients want us to discover.
What we can control and what we
do guarantee is our work. We guarantee every
client our best efforts to get them the information they are
seeking and to get that information to them when they need it
in an ethical, fair and objective manner. It is our policy to keep
our clients informed about the progress of an investigation
and the need for any additional or other investigative
activity.
