Michigan licensed Professional Investigators receive new cases in a variety of ways. Here at Sentinel Investigations, LLC, we are contacted by attorneys as well as their clients seeking our investigative services in criminal and civil cases. Often the attorney will contact us and say they need our services for a client, but that the client will be hiring us directly. Whether taking on a criminal or civil case, we recommend that the attorney hire us and not the client.
When the attorney hires the investigator as opposed to the client, the investigator becomes part of the attorney’s legal staff and as such written reports containing the investigators opinions, theories, strategy and conclusions are considered “Attorney Work Product”.
In an article written for PI Magazine by Susan Carlson, CLI, CRT entitled "Attorney Privilege vs. Work Product: What Is Privileged and What Is Not," Carlson details the concept of the attorney work product privilege in detail. She also sites relevant case law such as:
The Work Product Doctrine casts a wider tent of protection than the attorney – client privilege. Its purpose is to allow an attorney to prepare for his/her case without fear of the other side knowing what his/her evidence is. Waste Management, Inc., v. International Surplus Lines Insurance Co., 144 Ill2nd 178, 579 NE 2nd 322,329, 161 Ill.Dec. 774(1991), citing Hickman v. Taylor, 329 U.S. 495, 91 L.Ed. 451, 67 S.Ct.385 (1947).
Here are a few suggestions for attorneys and investigators from this article
It is generally accepted that any communication which discusses strategy or which is a continuation of a thought expressed by the attorney is privileged. There are steps to take to assure that your material is not discoverable.
1. On the subject line of your e mail, insert the words ATTORNEY WORK PRODUCT -STRATEGY MEMO”. This may serve as a cloak for what is to follow should the communication be called into question. Do not copy email to non- attorneys or others.
2. Work directly for the attorney and not for the ultimate client.
3. Use a service retainer agreement and collect your fees from the attorney- client fund. Include in the service agreement specific direction at the outset, either by separate letter or included in the service agreement, which outline the investigation and expected results.
Carlson’s entire article can be read in the issue of PI Magazine
You can also contact me at: [email protected]
When the attorney hires the investigator as opposed to the client, the investigator becomes part of the attorney’s legal staff and as such written reports containing the investigators opinions, theories, strategy and conclusions are considered “Attorney Work Product”.
In an article written for PI Magazine by Susan Carlson, CLI, CRT entitled "Attorney Privilege vs. Work Product: What Is Privileged and What Is Not," Carlson details the concept of the attorney work product privilege in detail. She also sites relevant case law such as:
The Work Product Doctrine casts a wider tent of protection than the attorney – client privilege. Its purpose is to allow an attorney to prepare for his/her case without fear of the other side knowing what his/her evidence is. Waste Management, Inc., v. International Surplus Lines Insurance Co., 144 Ill2nd 178, 579 NE 2nd 322,329, 161 Ill.Dec. 774(1991), citing Hickman v. Taylor, 329 U.S. 495, 91 L.Ed. 451, 67 S.Ct.385 (1947).
Here are a few suggestions for attorneys and investigators from this article
It is generally accepted that any communication which discusses strategy or which is a continuation of a thought expressed by the attorney is privileged. There are steps to take to assure that your material is not discoverable.
1. On the subject line of your e mail, insert the words ATTORNEY WORK PRODUCT -STRATEGY MEMO”. This may serve as a cloak for what is to follow should the communication be called into question. Do not copy email to non- attorneys or others.
2. Work directly for the attorney and not for the ultimate client.
3. Use a service retainer agreement and collect your fees from the attorney- client fund. Include in the service agreement specific direction at the outset, either by separate letter or included in the service agreement, which outline the investigation and expected results.
Carlson’s entire article can be read in the issue of PI Magazine
You can also contact me at: [email protected]
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