Introduction

All of a sudden, you find yourself in the middle of an important life event that may require you to engage the services of a Private Investigator. It may involve you ending up on the wrong end of criminal charges, a disagreement over custody of your child, sustaining serious injury in an automobile crash, or a loved one suddenly goes mysteriously missing.

Unless you are an attorney, you have likely never gone through the process of finding a reputable Private Investigator and hiring them. How do you tell a reputable PI from a scam artist or “poser?” This post will provide some guidance with regard to what you should look for to ensure you are headed in the right direction with your choice.

Ensure the Private Investigator is properly licensed

In Delaware, Private Investigators are licensed by the Delaware State Police – Professional Licensing Section. The licensing process includes investigation & vetting of the applicant, establishing the prerequisite minimum of 5 years of investigative experience, and ensuring they have the appropriate surety bond & liability insurance coverage. Approved applicants are provided with an official license document and an official identification card. Prospective clients may ask the PI to exhibit these documents. Be sure to check the issue and expiration dates to confirm the credentials are still valid. If you have any reason to doubt the authenticity of the credentials, you can contact the Professional Licensing Section at Ph. 302-739-5991 to verify the information.

There is no online search tool to verify Private Investigator licensing in Delaware. Also, if the PI produces credentials from another state, there are no reciprocal agreements between Delaware and other states. So, the out-of-state license is not valid in Delaware. The PI must be licensed in Delaware.

Look for proper and relevant experience

Often, Private Investigators are differentiated by their levels of experience and the types of investigations they have experience in. You may want to ask the investigator about experience he or she may have in the type of case you are involved in.

There are usually qualitative differences between investigators with only the minimum required experience level and those with decades of investigative experience under their belt. Just be prepared to pay a little more for the value added by the investigator with more experience. Expertise generally provides you with better results.

Ask questions regarding the process involved in the investigation of your case

The Private Investigator should be able to explain how they will approach your case after they become familiar with the specifics of what is required. Ask about documentation and evidence they plan to provide in support of your case. There should also be discussion surrounding communication methods and schedules between the Private Investigator and the Client.

Understand the Retainer Agreement / Terms & Conditions and the financial arrangements of the engagement

The Retainer Agreement and the Terms & Conditions are legal documents which are very important to the relationship between the Client and the Private Investigator. These documents serve to protect both parties during the engagement.

The parties in the engagement are identified, the scope and objectives of the engagement are defined along with a timeline, the estimated cost of the investigation is determined, and there are guidelines for behavior during the engagement.

In a lot of cases, a Retainer Fee is required as part of the engagement process. This is basically a deposit prepaid by the Client to enable the case to move forward. As the Private Investigator completes work on the case, the work is billed against the Retainer Fee, drawing down the balance as the case proceeds toward conclusion.

It can be difficult to project an accurate total cost of an investigation ahead of time. So, sometimes the case will be completed prior to the exhaustion of the Retainer Fee. In this instance, the remaining balance is typically refunded to the Client. Other times, the Retainer Fee may be exhausted and all of the case objectives have not been accomplished. In this instance, arrangements can be made to replenish with another Retainer Fee, enabling the case to successfully reach its intended conclusion.

Check for professional affiliations and credentials

Check with your prospective Private Investigator to see if he or she is a member of any professional associations. Many (not all) states have a state-wide PI association. Delaware is one state that does not have its own state association, but a number of Delaware PIs are members of at least one of the surrounding states that do. There are several national PI associations, such as NCISS and NALI. There are also international PI associations, such as INTELLENET and WAD.

Why is membership in these organizations important? There are several reasons. These organizations tend to promote professional behavior within their membership. Most will vet members prior to their acceptance, weeding out unacceptable candidates due to unethical or criminal behavior. Their membership represents a network of additional resources. These organizations typically plan opportunities for professional learning through conferences, training events, or webinars. All of these activities enhance the development of Private Investigators, which leads to improved results for the Client.

Also, seek evidence of any professional certifications accomplished by your prospective Private Investigator. These certifications indicate a strong commitment to professional development and performance by the PI. INTELLENET’s Board Accredited Investigator (BAI) certification is an example of this.

Red flags to look for

In conclusion, the following circumstances tend to indicate you are likely not dealing with a reputable private investigator and you may want to consider not entering into a business arrangement with them:

1) Unable to produce a Delaware State Police-issued PI identification card (probably the biggest red flag)

2) They tell you to look them up online – there is no online search or directory for licensed PIs in Delaware

3) They state they are “independent” or “freelance” – all Delaware PIs must be affiliated with a licensed agency

4) They provide out-of-state licensing credentials – no reciprocity exists

5) No indication of experience, professional association memberships, or professional certifications

6) No use of a Retainer Agreement

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HOW TO HIRE A PRIVATE INVESTIGATOR IN DELAWARE: WHAT SHOULD YOU LOOK FOR?