Any party who relies on a legal fact in the context of civil proceedings must provide proof thereof.
As the representative of this party, the lawyer must demonstrate the existence of the facts. However, his investigative actions are limited, hence calling on a private detective—the latter collaborates with the lawyer, the client's legal representative. The two professionals are called upon jointly to defend the interests of their clients. Discover the relationship between the lawyer and the private detective and the similarities between the two professions.
The private detective provides evidence to the lawyer in certain civil proceedings
The applicable rules are not the same as in criminal law in civil law. For this reason, in some civil law cases, it is necessary to conduct a criminal counter-investigation to provide evidence.
In criminal law, investigations are carried out by the investigating judge, in collaboration with the police services. The responsibility for proof lies with each of the parties involved when it comes to civil proceedings.
The lawyer must gather all the evidence of his client's claim. Having limited power in terms of investigation, it may happen that he cannot fulfill his mission fully.
His client will therefore have to call on a private investigator. The latter exercises a legal profession, recognized as legal services and can use his ways and means to gather all the necessary evidence. At this moment, a relationship between him and the lawyer was undeniably born.
A complementary relationship between the private detective and the lawyer
It is a relevant decision to call on a private investigator when the lawyer cannot provide all the evidence. The two professionals must then act in perfect collaboration to use the elements provided validly during the trial. The role of the investigator is decisive because the reports he produces must be both precise and complete.
He must mention all the information he obtains in the field as part of his investigation. The magistrate will use the results of his investigations during the trial. To be produced in court, the documents must come from the lawyer.
The private investigator's work is therefore done in perfect collaboration with the lawyer, who must inform him of all the contours of the case, such as the existence of an opposing party.
The private investigator must respect the principles of legal ethics, such as the principles of fairness or contradiction.
Private investigator and lawyer: the same ethics and the same purpose
Only the private detective is qualified to carry out investigations within the framework of a civil procedure.
The gendarmerie and police services are competent in criminal matters. Acting as a defender in the same capacity as the lawyer, he gathers all the evidence to strengthen the defense of his client.
These two professionals are subject to the same legal constraints.
In terms of ethics, they must respect a certain number of rules. These include respect for privacy, rules of good repute, loyalty, and professional secrecy. When he calls on a private investigator, the client automatically puts him in touch with the lawyer. They study together the evidence gleaned by the investigator and new facts that arise in the course of the investigation. The purpose is to respect the client's interests; they must lead a good collaboration.
For more information regarding private investigation services, contact
Universal investigations Agency, Inc. today at (954) 305-6275.
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By Victor Elbeze Lead Investigator & Owner of UniversalInvestigations Agency, Inc.