The Essential Guide to Hiring a Private Detective for Effective Private Investigations

Mitchell Goldenberg • January 08, 2024

The average legal case takes anywhere from six months to more than two years to litigate. A quick settlement or trial is not always the best choice for clients. But lawyers also do not want to drag things out.

Luckily, a private investigator can help. These professionals can assist lawyers in gathering evidence and greatly reduce the time needed for discovery and pre-trial stages. Hiring a private investigator is also a cost-effective choice.

Yet, one of the most common questions about hiring private investigators for legal cases is: are private investigators worth it? We want to help answer that question in this guide.

If your law firm is considering working with a private investigator, you need to keep reading. We explain the ways these experts can help with criminal and civil cases, how much you can expect to pay for their services, and more.

What Is a Private Investigator?

Private investigators (PIs) are civilians who investigate crimes and civil matters but who are not affiliated with law enforcement. They typically offer services like surveillance, web research, and interviewing.

PIs work in a variety of settings. They may run pre-employment background checks for businesses, investigate marital affairs for private individuals, or assist law enforcement with missing persons cases.

Lawyers often hire PIs to gather evidence in difficult cases. PIs can supplement your legal team in multiple ways, from interviewing witnesses to studying case reports for new leads.

What Types of Cases Do PIs Investigate?

PIs often specialize in certain types of investigations. In the legal field, PIs generally have expertise in civil cases, criminal cases, or both. They may work for lawyers, plaintiffs, or defendants.

Below, we outline the reasons why a lawyer would consider hiring a PI for a civil or criminal case.

Civil Cases

Civil law covers conflicts between individuals and individuals and institutions. The following types of cases fall under civil law:

  • Tort law (i.e., assault, personal injury, and property loss cases)
  • Family matters, including divorce, child support, and legal name change cases
  • Contract breaches
  • Landlord/tenant disagreements
  • Equitable claims

These types of cases often settle before reaching a judge. However, if a civil case is going to trial, the winning side must prove a preponderance of the evidence. In other words, one side has to have more convincing evidence.

But what happens if your side's evidence is not convincing enough? This is where a PI can come in. PIs can gather additional evidence and, with their analysis skills, determine if that evidence is enough to make your case.

Criminal Cases

Criminal law covers breaches of state (or federal) laws. There are five types of criminal acts recognized under US law:

  1. Crimes against property
  2. Crimes against people
  3. Inchoate crimes (e.g., conspiracy)
  4. Statutory crimes
  5. Financial crimes

There is no such thing as a settlement in a criminal proceeding. These cases always go to trial, where the stakes are high. A judge and jury will prosecute the defendant and determine punishments like jail time, fines, and more.

In criminal cases, prosecutors must prove the defendant is guilty beyond a reasonable doubt. This is a higher standard of proof than civil cases because, again, the stakes are higher, too.

PIs can help lawyers on both sides of the court. They can help prosecutors gather enough evidence to prove the defendant's guilt. Or they can help defense attorneys find evidence to maintain their client's innocence.

How Can a PI Help With a Civil Case?

PIs can help lawyers win more civil cases faster and for a lower cost. They can also help attorneys make more money, especially when there is a contingency fee at stake. Plus, they can help boost client satisfaction.

private investigator benefits civil cases in the following ways.

Giving an Extra Pair of Eyes for Discovery

The great thing about private investigation services is that PIs are impartial. Lawyers are partial to their clients. But PIs don't technically work for either side, giving them as unbiased of a view as possible.

This can really come in handy during discovery. PIs are highly skilled in research and analysis. They can act as a second pair of eyes on documents and evidence obtained from the other side.

Of course, a legal team can also help with this process. But PIs tend to charge lower hourly fees than even the most junior of attorneys. This can greatly lower the cost of assistance with discovery analysis.

Plus, PIs can help you research the opposition. They can uncover unsavory relationships and backgrounds that lawyers can use to their advantage during negotiations.

Finding New Pre-Trial Evidence

It is not uncommon for lawyers to reach pre-trial only to realize that they do not have enough or the right evidence to make their case. A PI can help find new evidence in these kinds of situations.

For example, consider a divorce case where you suspect that the other party is hiding assets. PIs have the skills to find unreported income or properties that may alter your client's right to alimony or child support.

How do PIs uncover all this information? They may use digital forensics, family member interviews, or even undercover work to search for assets and income. PIs often have access to databases legal professionals do not have access to.

An example of how this might work comes from personal injury law. Say your client did not collect information after a car accident. The attorney can locate and interview witnesses from the scene to back up your client's account.

PIs can also use their surveillance skills to gather new evidence. For instance, say you are working with a victim of domestic violence. A PI can collect legal video surveillance evidence that you can use in court.

Assisting With Appeals

No attorney wants to lose a case. Yet, losses do happen, which is why civil appeals are so common.

The stakes are even higher during an appeal. Worse, lawyers can not collect new evidence to make their case.

Finding grounds for an appeal can take a lot of time and effort. With the research and analysis skills of a local private investigator, finding grounds for appeal is much easier.

A PI can help lawyers review court proceedings. They can also provide opinions about how they would have analyzed the evidence and facts in the case. That way, a lawyer can understand alternative perspectives on the matter.

How Can a PI Help With a Criminal Case?

Many private investigators have a background in law enforcement or criminal justice. That is why it should be no wonder PIs often provide assistance to criminal defense attorneys and their clients.

The lawyer may hire the PI. But it is perhaps more common for criminal defendants to hire PIs. Here are a few reasons why someone might want a PI on their side during a criminal trial.

Interviewing Witnesses

PIs can help interview potential witnesses on your side. Many legal teams do not have the time or manpower to waste on interviewing witnesses who may not end up being right for your case. PIs can offer a helping hand.

If you don't have any witnesses, a PI's services are even more invaluable. PIs are experts at locating people who others can't or who don't want to be found. They also know how to get these witnesses talking.

But how do PIs locate people that you and your team can't? Often, it is as simple as running a quick investigation on social media. 90% of people in the US have at least one social media platform and use it regularly.

PIs search Facebook, Instagram, Twitter, and YouTube. They also know how to locate information on less-used platforms such as Reddit, Tumblr, and even LinkedIn.

Cross-Examinations

Another place where a PI's investigative services can come in is for cross-examination. Lawyers cannot just rely on testimony given in court to be successful during witness interrogations.

Of course, questions must relate to the testimony given during direct examination. However, there are many creative ways to connect evidence found outside of court to witness testimonies given in court.

Plus, attorneys have the right to question a witness's motivation and trustworthiness. Are they related or obligated to the party they are testifying for? Do they have a criminal record, especially relating to fraudulent behaviors?

PIs can help uncover information lawyers can use during cross-examinations. Often, this is the type of information that legal professionals do not have the time or technology to locate themselves.

Gathering Evidence

The standard for evidence is much higher during a criminal trial compared to a civil one. It may be the prosecutor's job to meet that standard. But it is the defense attorney's job to poke holes in their case.

PIs can help attorneys find the information they need to stand against criminal prosecutors. For example, your PI can locate video evidence that your client didn't commit the crime prosecutors are trying to pin on him or her.

PIs are trained in digital forensics. This refers to finding clues about someone's activities online. PIs may look through social media activity, browsing history, phone and text logs, or online chat behaviors.

As mentioned, many PIs have a law enforcement background. They are highly skilled at analyzing police evidence, which may be enough alone to make a client's case.

Helping With Wrongful Convictions

Wrongful convictions in the US have gone up 70% over the last five years. Today, there are at least 3,248 people serving time in prison for crimes they did not commit.

It should be no surprise, then, that many PIs specialize in helping these individuals. One of the main ways PIs can help with wrongful convictions is by identifying and questioning new witnesses.

PIs have the patience to look over old case files to find grounds for appeals or re-trials. Many times, PIs start with information the wrongfully convicted people uncover on their own.

If you are assisting with a case like this, a PI can be an invaluable asset on your side.

How Much Does It Cost to Hire a PI?

According to the Bureau of Labor Statistics, the median hourly rate for a private investigator in the US is $28.55. This is only a median, meaning some PIs charge less and some charge much more.

Some PIs may not charge an hourly rate. Instead, they may charge a flat fee for particular services. For example, they may charge a flat fee to locate witnesses and then another flat fee for witness interviews.

Many factors go into the cost to hire a private investigator. For example, a highly-skilled PI can command more for their services. Someone with less experience may charge a lower rate to gain more experience.

Another factor is location. How much does a private investigator cost in South Carolina? It will depend on the professional, but you can expect to pay anywhere from $70 to $120 per hour.

Additional factors affecting the total cost of a PI's services include:

  • Travel costs
  • Specialized equipment and technology needs
  • Level of detail needed
  • Location
  • Turnaround times required

The more information a client can provide to a PI, the better. PIs will charge less for cases where the attorney or their client has already done much of the work and has leads to go off of.

Looking for a South Carolina Private Investigator?

A private investigator is an invaluable resource for attorneys and their clients. These professionals can help with civil and criminal cases. They offer services like evidence gathering, witness location and interviews, and much more.

Are you searching for 'private investigators near me'? Barefoot Professional Investigations employs top South Carolina private investigators. Contact us today to learn more about our services in Columbia, SC.

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