Top 10 Do’s and Don’ts When Hiring a Private Investigator

The term “private investigator” tends to conjure images from TV shows of the past (The Rockford Files, Magnum, P.I., etc.), men driving fast cars and chasing cheating spouses. While many investigative agencies do specialize in infidelity and surveillance—which, by the way, is rarely as exciting and glamorous as on television—private investigators are hired for a myriad of services, such as:

• Background checks/Employment screening
• Asset searches
• Due diligence
• Executive protection
• Expert witness testimony
• Litigation support
• Process serving
• Technical surveillance countermeasures (TSCM)
• Security consulting . . .

The list can go on, and as you can see, private investigators and agencies do much more than chase cheating spouses.

Because these services are both varied and specialized—often with high stakes—choosing the right investigative partner requires the same care and consideration as when consulting any other expert. To help you make an informed decision, we offer the top 10 do’s and don’ts when hiring a private investigator.

DO . . .

• Have all your information ready to provide to the investigator. Do not withhold any information. A good investigative firm will ask a lot of questions about you, your company, and the case or investigation. Private investigators do not have a crystal ball or magic database, and the more information you provide, the better the outcome will be. Providing information at the outset will reduce the potential for wasted time or money during an investigation.

• Make sure the prospective partner has good referrals and a good reputation. Request referrals from other organizations and individuals they have worked with in the past.

• Conduct due diligence on the potential partner. Make sure the agency or individual is licensed, if required. (Not all states issue licenses, including Alaska, Idaho, Mississippi, South Dakota and Wyoming.) In addition, ask for sample reports, and research the owners/principals of the agency to ensure a good fit for you and your company.

• Gain a clear understanding about the fee structure and pricing. No one likes to see surprises on an invoice.

• Ensure that you have a permissible purpose, such as a signed FCRA authorization, litigation documents, etc. Private investigators cannot investigate anyone or anything for any reason. Investigations must be backed by a justifiable reason/permissible purpose.

DON’T . . .

• Assume anything. (You know the old saying.) Ask questions, verify, and make sure you are comfortable with your choice of investigative partner.  

• Ask an investigator to do anything illegal or accept anything illegal from an investigator. Let’s consider the FCRA permissible purpose. If an investigator is willing to conduct employment background screening without a written FCRA authorization, they are offering something illegal.

• Take any action involving litigation—either civil/criminal or federal—without consulting your legal advisor and/or counsel.

• Comparison-shop with investigators that charge bargain-basement rates. Private investigators or agencies who charge way below the normal market range should raise a red flag. It goes back to the old adage about getting what you pay for.

• Expect a certain outcome. Many individuals (and even companies) expect specific results. No agency in the world can promise/guarantee results, and if they do, run. A private investigator’s role is to investigate and to report results, whatever they may be. Sometimes investigations bear fruit; sometimes they do not.  

In conclusion, when hiring a private investigator, conduct your own research so that you feel comfortable with your choice. Consider at least two to three agencies that have a good reputation/standing in the industry, companies that follow all rules and regulations. 

Just as there are many reputable agencies, the industry also has its share of unscrupulous ones. When choosing an investigative partner, doing your homework can save you a lot of time and money. Remember that each investigation is unique and outcomes are not guaranteed. Investigators are responsible for investigating and reporting the results, however much—or little—they turn up.  

We hope you find this article helpful. If you have any questions, we are always available to answer them.