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Sometimes The Private Investigator Knows More Than The Attorney

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In the legal world, often times the Attorney is thought of as the Legal Expert above everyone else. The Attorney is the "go to person" for legal advice. And in some instances, anyone else that accepts payment for legal advice other than an attorney properly licensed by the bar could be breaking the law. There are reasons for this, one of which is consumer protection. However, often times the reality is that the investigator that the attorney might be using will often understand the law in his or her particular specialty better than the attorney will.

The fact of the matter is that while the Private Investigator may not be the "Jack Of All Trades Legal Expert"; it is often likely that he or she is the "Master Of One". Often times an Attorney will hire a Private Investigator on certain cases because the Attorney’s case will be unique enough to require an expert. For example, a person charged with illegal possession of certain digital images on a computer, may require the expertise of a Computer Forensics Examiner or a person charged with embezzling hundreds of thousands of dollars from a large company, may require the expertise of a Financial Fraud Investigator or a Forensic Accountant. There is no way that an Attorney can keep up with all of the ever changing laws and protocols for these specific areas of investigation, so he or she will hire someone that does keep up with these laws and protocols in these  very specific areas of investigation. And this is what makes excellent Attorneys, excellent; and top notch business people, top notch. Knowing what your weakness is, and understanding how to strengthen that weakness.

Personally speaking, I’d rather take legal advice on Frauds and Scams from Bill Branscum, than any Attorney that I know. I’d rather take advice from a person that has the technical knowledge of a given subject, understands the "theory" of a given subject AND has the experience to practically apply correct solutions to problems that may come up in instances that involve a given subject matter, than someone that just has technical knowledge and understands "theory" of a given subject matter. Most smart Attorneys will agree that nothing beats an expert with practical experience.

I think the public would be hard pressed to find an Attorney that would understand more about E-Mail Interception Legal Issues than Dallas, Texas Private Investigator Brian Ingram . What one has to try to understand here is that these Experts might know more than the Attorney in their chosen area of expertise, because their particular area of expertise is ALL they have to know about in order to make their living, in other words "it is what they do" while the Attorney is working various types of cases all of the time and may not see the particular type of case he or she would hire the Private Investigator or the Expert on but once in a great while.

And if I were charged with a serious crime in the state of California, I’d just assume take advice from someone like Sue Sarkis as I would any Attorney. As a matter of fact, one of the reasons an Attorney might hire someone like Sue Sarkis to assist them in a case might be because she probably knows more about subjects like evidence admissibility issues in a criminal defense case than the Attorney does.

Often times Private Investigators will seek advice on certain legal issues that may pertain to a case that they are working, and they will often be told to seek counsel from an attorney. And often enough this is an absurd comment to make to a fellow Private Investigator. It is typically a comment made by a mediocre Private Investigator  that just wants to have something to post or say so that they might get some sort of minor acknowledgment. The fact of the matter is, most of these posts for advice are just seeking ideas and experiences that other fellow Private Investigators may have had that could provide valuable insight into unique problems that the poster is facing in a case they may be working. And often times, the Private Investigator that is asking for advice is asking in a place where there may be a REAL Expert on the topic. But, because some "Smart Alec" would criticize, critique, or be critical of their advice (often times while not being as well credentialed as the Expert that would be offering advice); that person with the expertise may feel that it is not even worth it to try to make a post to help a fellow Private Investigator out. There is nothing illegal about giving FREE advice; and the person that is accepting the FREE advice should bare in mind that the advice is worth exactly what is being paid for it. That in and of itself does not make the advice bad advice, what determines whether or not the advice is bad or good is simply the source of the advice.

I hope that we are not discouraging some of our own very valuable Experts from offering their own expert advice free of charge by being too abrasive to them or critical of them when they choose to make an insightful post in response to another Private Investigator asking for help. I want to try to insure that we encourage people to post their opinions, and if we have a problem with their opinion or we think their advice might not be correct or good advice, learn how to diplomatically point it out (often times this can be done with a simple question instead of a strong or harsh remark).

It is my sincere hope that as Private Investigators, in the future perhaps we might consider listening to our own Experts, instead of trying to gain some favoritism from one of our attorney clients by telling our fellow Private Investigators to go spend good money on them rather than to take the advice of what may be a more knowledgeable Expert standing by and willing to lend his or her expertise if only the less than knowledgeable people would just "shut up and listen"…..

Ricky B. Gurley

Written by Rick Gurley

November 16, 2009 at 1:04 PM

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