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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Is it a crime to impersonate a
Private Investigator in Iowa?
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.
