7 reasons why your lawyer might hire a private investigator
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When most people think of private investigators, they often think of someone sitting discreetly in a car with a camera trying to catch a cheating spouse. But, did you know that they also conduct a wide range of surveillance operations for various purposes, and lawyers often rely on their expertise to strengthen cases for their clients. In this article, the Toronto-based private investigation team at Haywood Hunt & Associates explains the many ways lawyers enlist their expertise.
Building a legal strategy
Lawyers handle a wide range of cases for their clients, gathering critical information and evidence to develop a solid legal strategy—the foundation for success in court. They also prepare their clients, ensuring they understand the strategy and are ready for the proceedings.
However, building a strong case can be difficult, especially when evidence is limited. As Toronto Criminal Lawyer Rupin Bal explains, “Lawyers depend on factual information to shape their strategy; without sufficient evidence, a case may not go in their client’s favour”.
This need often leads lawyers to enlist professional private investigators. These skilled PI’s explore every avenue, often conducting research, interviews, surveillance, and more to uncover valuable information that strengthens the lawyer’s case.
The essential role of private investigators in surveillance
Choosing the right private investigator is vital for lawyers needing surveillance services. Licensed investigators undergo extensive training, equipping them with the specialized skills required to conduct effective and discreet surveillance for legal cases.
Surveillance is a complex skill that requires close observation of an individual’s behaviour while remaining unnoticed. Detection by the subject can compromise the entire case, as it may alter the person’s behaviour. Successful surveillance relies on maintaining a low profile so that the subject remains unaware of being observed.
For lawyers, subtle and undetected surveillance is crucial; the natural behaviour of the individual under observation often influences the legal strategy. Additionally, it’s essential that the investigator understands the legal standards for admissible evidence. Improperly collected evidence risks dismissal in court, potentially jeopardizing the lawyer’s case.
Types of legal surveillance services
While the core techniques of surveillance remain the same, the reasons for conducting it can vary widely. Below are several examples of how private investigators carry out surveillance on behalf of lawyers for different legal needs.
Divorce cases: Detecting infidelity
Malerie Rose of Rose Family Law in Mississauga has used several private investigators to strengthen her cases. As she explains, “In modern marriages, prenuptial agreements often include terms addressing fidelity, allowing a non-offending spouse to seek divorce without financial obligations if infidelity occurs. To support claims of cheating, we frequently employ the services of private investigators who have the skills and resources needed to gather evidence—something we typically can’t do on our own”.
Private investigators use a range of methods to confirm infidelity, including interviewing neighbours, friends, colleagues, and family. However, surveillance remains the primary tool for uncovering signs of cheating.
Child custody cases: Proving parental unfitness
A nurturing environment is essential for a child’s well-being, yet not all households provide this. Many lawyers assist clients in seeking custody modifications when they have concerns about an ex-partner’s ability to care for their child.
Several factors, such as abuse, substance misuse, or neglect, can make a parent unfit for custody. In these cases, lawyers often depend on private investigators to conduct surveillance of the other parent. The investigator carefully monitors and documents the parent’s behaviour to assess their suitability. For example, if the parent with weekend custody leaves home for several hours, the investigator’s report can provide crucial evidence that the lawyer may present in court.
Hidden assets in divorce cases
Concealed assets are common in divorce cases, where one spouse may attempt to hide money, property, valuable jewellery, or other significant assets. The goal of hiding these assets is often to reduce the individual’s apparent net worth, resulting in a smaller settlement for the other spouse. Concealing assets is illegal and, if uncovered, can lead to hefty fines.
Private investigators use surveillance as a key method to locate hidden assets. While background research can be helpful, surveillance often reveals the exact locations of these concealed resources. For example, if an individual suddenly travels to the Caribbean, an investigator may track their activities and note frequent visits to multiple banks. A skilled investigator can then confirm whether the person has undisclosed accounts or valuable items, like jewellery in a safety deposit box. These discoveries provide crucial information for lawyers, helping them develop an effective strategy with their client.
Fraud investigations
Private investigators are essential allies for lawyers handling various fraud cases. While much of their work involves thorough research, surveillance often plays a crucial role.
For instance, Ontario insurance companies frequently face suspicious claims. According to Toronto criminal and DUI lawyer Calvin Barry, these companies may hire private investigators through their legal teams to verify the legitimacy of such claims. After conducting surveillance, investigators provide their findings to the insurance company’s legal representatives, who then determine if there is a basis for a legal case against the claimant.
Ultimately, lawyers need substantial, factual evidence to effectively represent their clients. A skilled private investigator’s expertise is invaluable in building a solid legal strategy that can withstand scrutiny in court, leading to a favourable outcome.
