PREVIOUSLY PUBLISHED ARTICLE

CONSUMER TIPS

3 pages, posted 12/98

PRIVATE INVESTIGATORS: AN UNTAPPED RESOURCE FOR ATTORNEYS
What To Consider When Hiring A Michigan PI
By Roger H. Schmedlen, CPP, CFE, CII, MIPI


When California attorneys begin work on a challenging case they typically rely heavily on the information they know is available through the work of their independent private investigators (P.I.). They may prefer a large firm, such as Krout & Schneider, which employs close to 200 investigators, or they may rather work with someone like Joe Gotz, a PI. who does all his own work.

However.  Michigan attorneys seldom consider the use of private investigators.  This is probably because as an industry, we have been deficient in educating the legal community as to the benefits that can result from our services. 

AS AN AGENT OF THE ATTORNEY, THE INVESTIGATOR IS BOUND BY THE ETHICS OF THE LEGAL PROFESSION IN ADDITION TO THE ETHICS OF THE GENERAL INVESTIGATOR.

Of course,  some attorneys conjure up the image of a PI. as a tough, hard-drinking Neanderthal wearing at least three concealed firearms.

Magnolia Payne of Oak Park, a legend in P.I. circles, would hardly fit this image.  In the 30 years she has worked as an investigator, she has never owned gun . And rather than spending her weekends partying, she is at the church where she is the pastor.

'The arsenal of today's investigators revolves around a computer chip.  Whether this necessary tool is 9088-based or Pentium, P.I.s are more likely to spend time checking out a new database than chasing down a Beretta, a Glock or a Sig.

Unlike doctors, attorneys and CPAs, private investigators are not members of a profession per se.  There is no advanced degree required, no ongoing educational requirements and there is no competence testing for licensing.  Investigation work is a business not a profession, but there are certainly many professionals engaged in the investigation business.

Licensing of P.I.s in Michigan

Most young mothers are reassured by the state licenses displayed at day care centers where they drop their preschoolers.

Most attorneys, however, realize that a wily recidivist pedophile would probably have no major problem obtaining such a license.

P.I. licenses aren't so easy to acquire.  Licensing and regulation of the industry is handled by the Private Security & Investigator Section of the Michigan State Police, headed by Detective Lieutenant Fred Matz.  Although state representatives like Joe Young, Jr., have tried to move licensing to the Department of Commerce, the industry has fought hard to prevent this, equating such a move with total deregulation.

An applicant for a P.I. license undergoes an intensive background check conducted by seasoned detectives from the Private Security & Investigator Section of the State Police.  A high misdemeanor or felony conviction will automatically prohibit licensing.

License applicants need three years of experience as a law enforcement officer or working for a licensed PI.  But this can be misleading.

For example, for as long as I can remember a traffic officer has been hiding behind a mound on I-96 near Walker righteously stalking speeders.  This is qualifying experience for a P.I. license.  An in-plant undercover operative who swept floors for three years while reporting on workers' deficiencies would also meet the qualifying experience criteria.

When considering contracting with a private detective agency, the attorney must ensure that such agency is licensed, but should dig a little deeper.  Some questionable agencies employ investigators who previously lost their licenses for unethical practices or criminal convictions (the criteria for investigative employees is much less than that of a license holder).

P.I.s and Insurance

There are about 700 licensed private detective agencies in Michigan.  Of these, however, less than 100 are full-time business operations.