Not every legal matter requires a private investigator. But when a case may turn on facts that aren’t contained in the pleadings, discovery responses or documents provided by the client, an investigator can help counsel determine what actually occurred.
The best time to have that conversation is usually before an important opportunity has passed.
When I speak with an attorney about a potential assignment, the first question generally shouldn’t be, “Can you follow this person?” The better question is, “What facts does counsel need documented, and what lawful investigative work might help answer that question?”
That distinction helps define the scope, control the cost and avoid collecting information that doesn’t address the actual issue in the case.
Family-law and supportive-relationship investigations
In an alimony or supportive-relationship matter, one isolated observation rarely tells the full story. The relevant investigation may involve documenting patterns over time, including:
- Overnight activity
- Arrivals and departures
- Vehicle activity
- Shared routines
- Travel and social activity
- Residential connections
- Public records and other corroborating information
The investigator’s responsibility is to document what occurs objectively and accurately. The attorney determines how those facts relate to the applicable legal standard.
Early planning is useful because counsel can help identify the activities, time periods and factual questions that deserve attention before surveillance begins.
Surveillance and evidence documentation
Surveillance may be appropriate when the location, timing or conduct of an individual is disputed or cannot be reliably established through records alone.
Useful surveillance should provide more than photographs. It should produce a clear chronology supported by contemporaneous notes, time-stamped video or photographs when appropriate, and an explanation of what could and could not be determined.
Surveillance can also help counsel evaluate whether additional discovery, interviews or records may be needed. It should be planned around a defined investigative question rather than conducted without a clear objective.
Witness location and interviews
Witness information becomes more difficult to develop as time passes.
People move. Telephone numbers change. Social-media accounts disappear. Video is overwritten. Memories become less precise.
An investigator may be able to:
- Identify potential witnesses who weren’t included in the initial report
- Locate witnesses whose contact information is outdated
- Conduct interviews and document what the witness actually recalls
- Identify inconsistencies that require further review
- Determine whether a witness is likely to provide useful information
A responsible investigator doesn’t attempt to shape a witness’s account. The objective is to locate the right person, ask appropriate questions and accurately report what was said.
Background investigations and due diligence
Database information can be valuable, but a database result is a lead rather than a final conclusion.
Background and due-diligence work may assist when counsel needs to verify identity, addresses, business affiliations, employment history, assets, litigation history or connections between individuals and companies.
The information should be compared across available sources and evaluated for accuracy. Names can be similar. Addresses become outdated. Businesses close. Vehicles change ownership. Records may conflict.
The investigator should distinguish between information found in a record, information that has been independently confirmed and information that remains unresolved.
Litigation support and evidence preservation
An investigator can also assist when a case requires fact development outside the traditional discovery process.
Depending on the matter, that work may include:
- Inspecting and documenting a scene
- Identifying nearby cameras
- Delivering preservation notices when authorized
- Locating photographs or video
- Conducting neighborhood or witness inquiries
- Developing a factual timeline
- Reviewing public records
- Comparing records with physical observations
- Organizing investigative findings for counsel’s review
This type of work can be especially valuable when physical conditions may change or electronic evidence may be lost through routine deletion.
The investigator documents the facts. Counsel evaluates liability, admissibility and legal significance.
Difficult motion-and-order assignments
Some service problems are actually location, identity or timing problems.
When ordinary service attempts have repeatedly failed, the next step may require verifying whether the person still resides at the address, identifying current vehicles or routines, and determining when a lawful opportunity for contact is likely to occur.
O’Neal Investigations doesn’t market routine process service. I accept selected motion-and-order assignments when investigative work is needed to overcome a difficult-service problem.
When early involvement makes sense
An attorney should consider speaking with an investigator when:
- Important facts exist outside the available records
- A witness needs to be identified, located or interviewed
- Video or other evidence may disappear
- A person’s address, routine or associations are disputed
- Surveillance may help document conduct over time
- Background information needs to be verified
- Routine service efforts have been exhausted
- The case requires organized, court-ready factual documentation
Early involvement doesn’t always mean that fieldwork should begin immediately. Sometimes the most useful first step is reviewing the known facts, defining the investigative question and waiting for the right time to act.
It’s also possible that an investigation won’t add enough useful information to justify the expense. The attorney and client should know that before substantial time and money are committed.
O’Neal Investigations provides investigative support to attorneys and law firms throughout Northeast Florida. I personally conduct or oversee each assignment, with an emphasis on objective fact gathering, clear communication and reliable documentation.
If you have a matter involving unresolved facts, time-sensitive evidence or a difficult-to-locate individual, I’m available to discuss whether investigative work would be useful and how the assignment could be properly scoped.
Keith O’Neal O’Neal Investigations, Inc. 904-703-8825 keith@onealinvestigations.com onealinvestigations.com
Explore our alimony and cohabitation investigations, surveillance investigations, witness location and interviews, and litigation support investigations, or request a confidential consultation.
