Most investigators are retained in a hurry. A complaint has landed, a deposition is scheduled, or a transaction is about to close, and the first credible name gets the call. That is understandable, and it is also where many avoidable problems begin: a conflict discovered midway through, an interview that cannot be used, a report that reads well until opposing counsel asks how a conclusion was reached.

The questions below take a few minutes to ask. Each one is aimed at a specific way investigative work fails under scrutiny.

The questions

  1. Have you run a conflict check, and against which names? A serious firm checks before it discusses substance, and can tell you what it checked. "We don't have any conflicts" without a process behind it is not an answer.
  2. Who, specifically, will do the work? Ask who conducts the interviews, reviews the evidence, and writes the report. If the person you meet is not the person doing the work, you should know that now.
  3. What licensure applies, and where? Investigative licensing is set state by state. Confirm the firm is authorized for the work in the jurisdictions involved, and verify the license independently rather than from a website.
  4. How will findings be tied to sources? Every material finding should trace to a document, a recording, a statement, or an item of digital evidence. Ask to see how that is presented in a report.
  5. How are established facts distinguished from inference? A defensible report says plainly what the record establishes, what it suggests, and what remains unresolved. Reports that blur those lines are easy to attack.
  6. How are interviews conducted and documented? Ask about preparation, recording or note practice, and how accounts are compared. The method matters as much as what the witness says.
  7. Who directs the work, and how is privilege addressed? Where counsel retains the investigator, work-product treatment depends on the engagement terms and governing law. It should be addressed in writing at the start, not assumed.
  8. What will the scope say, and what will it exclude? A written scope sets objectives, deliverables, limitations, and fees. Just as important is what it rules out, so no one is surprised by what the work does not answer.

What the answers tell you

None of these questions requires the investigator to discuss your matter in detail, and none should make a capable firm uncomfortable. Hesitation is itself informative. The strongest answers tend to be specific, unhurried, and willing to describe limitations.

It also helps to ask these questions before a matter is urgent. Clearing conflicts, confirming licensure, and agreeing on terms in advance means the first call about a real problem can be about the problem.

This analysis is general and methodological. It is not legal advice and does not draw on any client matter.