An attorney investigator is a licensed private investigator retained by or on behalf of an attorney to gather facts, locate witnesses, document evidence, or conduct interviews in support of legal proceedings. The investigator operates within the scope of the attorney's case needs and may work under attorney-client privilege protections depending on jurisdiction and the terms of the engagement.
When an attorney hires a private investigator for a case, that investigator is often referred to as an attorney investigator. Their job is to find facts and gather evidence that support the legal strategy the attorney is building. Everything they find is typically reported back to the attorney, who then decides how to use it in the case.
A defense attorney preparing for trial may need a private investigator to locate and interview witnesses who were not contacted during the original police investigation. In a civil lawsuit involving a personal injury claim, an attorney may hire an investigator to document the accident scene, gather surveillance footage, or verify the opposing party's statements. Family law attorneys sometimes use investigators to gather factual evidence related to custody disputes, such as documenting living conditions or verifying a party's reported schedule.
Licensed private investigators working for attorneys can conduct surveillance in public spaces, perform lawful background research using public records, locate witnesses, and document physical evidence in accordance with state licensing laws. The scope of permissible activity varies by state, and investigators must comply with privacy laws, trespassing statutes, and applicable regulations regardless of who has retained them. Working under attorney direction does not expand an investigator's legal authority beyond what their license and applicable law permit.
Will the findings from an attorney investigator be usable in court, and in what form are they typically delivered?
Investigators typically deliver findings through written reports, photographs, video recordings, or signed witness statements, depending on what was gathered. Whether that material is admissible in court depends on how it was collected, the rules of evidence in the relevant jurisdiction, and how the attorney chooses to present it. Your attorney will review all materials and determine how they fit into the legal strategy.
Does the work an attorney investigator performs stay confidential, and who has access to the investigation file?
In many jurisdictions, work product created by an investigator at the direction of an attorney may be protected under the work product doctrine, which limits the opposing party's ability to access it during discovery. However, this protection is not automatic and depends on the specific circumstances and applicable law. The attorney overseeing the case is generally responsible for managing what gets disclosed and to whom.
