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Client Intakes: More and Verified Info is Always Better. Our Tips.

Email client software screenshot

Email client software screenshot (Photo credit: Wikipedia)

I’m not trying to undercut myself or the investigations field but it makes sense for our clients (comprised 95% of lawyers) and for us to have accurate backgrounds of their clients, from the outset.  Bringing a matter to our attention because the original intake wasn’t thoroughly conducted or, more likely, the information therein was not verified, can result in settlement talk set-backs, client aggravation and in extreme cases, default judgments.

I’ve reviewed client intakes that have ranged from poorly constructed to containing very detailed and comprehensive information.  The latter is always preferable.  Below we share a few tips on client intakes that we’ve provided for our clients:

Client Name: Obtain all AKAs and other (maiden, name change, Jr./Sr., etc.) name information.

Client DOB: The continued globalization of the client base may result in cultural or usage misunderstandings. E.g. 4/8/1980 may translate to either April 8th, 1980 or August 4th, 1980 as many international communities use the mm/dd/yyyy display.  Ensure that your client is very clear on the correct date of birth.  Also, probably a one in 100 shot, but given the rise of multiple births now occurring, ask if s/he is part of a twin (or more) set.

Client D/L, I.D. and SSN card:   Take a copy of these documents as any one of these uniquely numbered identifiers can easily be misstated or misread. Remove the mysterious elements that can result in unnecessary expenses as the case proceeds.

Client Address:  Send a “Keeping In Contact” postcard quarterly.  1, It’ll engender good will with the client. 2. It will remind the client to update you regarding  personal contact information changes, if any* and 3. It’s just good policy to ensure that your client is quickly reachable by you so that when it does become necessary, that ease of contact is in place.

Client Phone Numbers:  Obtain at least two pone numbers from your client, (home, cell, Skype, work…) and verify these numbers within a week of sign-up.

Client email:  Everyone has one today or one can easily be obtained and for free.  (E.g.,  A Gmail address from Google via one’s local library.)

Client emergency contact:  Insist on at least two emergency contacts for your client.  Advise your client that this information will be verified within ten days of the retainer date.  (Use discretion in reaching out to the emergency contacts.  The entire neighborhood doesn’t need to know that your client has retained counsel, which obviously translates to potential future monies. You may want to pitch this task to your investigator.  We’ve been known to be creative — and,  always conducting ourselves within the parameters of the law.)

*Provide your client with several  ”Change of Personal Information” letters and pre-addressed and stamped envelopes.  Advise them to immediately remit their new information should it change from the initial contact data.  Obviously your firm will want to know if your client has moved, changed his/her phone number, gotten married/divorced…  Save yourself the hassle of finding out important information until it becomes critical.

Feel welcome to contact our office if you would like us to review your intake forms.   I’m not pitching our services, although I guess we all do when we consistently offer information as we do here on a weekly basis, but there is no charge for a quick review.  We prefer a law firm be set with the basics before they hire us to work on unforeseen complications or the regular,  necessary trial prep and follow-up.

Our Operatives: Street smart; info savvy.

As always, stay safe.

Subject Locates: Successful Ones v. Expensive Failures

One of the most common assignments we receive is for a subject locate.  Usually generated from attorneys, insurance companies, financial institutions (as, as you know, we do not work for individuals), we are often asked to locate:

- Adverse Witnesses

- Cooperative Witnesses

- Debtors

- Clients

- Heirs

- Etc.

The difference between a successful locate and an expensive failure is how much attention and care is given to a case.  Obvious, right?  But it has to be the right attention, which is a tight focus, and the proper care; to detail.

The starting point in a successful locate is to gather as much information from the originating requestor as possible:

Name: AKAs, Extensions (Jr., III, MD, Esq…), Maiden form, prior marriage form

Address: Last known contact date at this address, form of contact, (e.g. mail, phone… ), contact outcome, ( i.e. returned mail, no response, etc.).

Phone Number:  Last known phone number, cell, landline, Skype, other internet phone.

Personal identifiers: DOB, SSN, TIN, DL#, Medicare/caid recipient? School i.d.?

Contacts: Family, friends, employers, coworkers

Prior lawsuits: If known, to include form of involvement.

Civil records: Is/was the subject married, divorced? Has s/he declared bankruptcy or have judgments, liens… against him/her?

Criminal records:  Almost every state now allows for an inmate lookup.  (If a person is missing for a considerable period of time, there are only so many scenarios, short of a bizarre abduction, to account for this disappearance: a move, death or incarceration.)

A good investigator will then form a profile of the missing subject and conduct an address history search which will generally yield a pattern.  (We’ll get to that in the next para.)  The address history may not contain the subject’s current address. (All databases, from DMVs to privately held, fee-based information companies operate within the limitations of data input regularity.  The subject may not release his/her most current address to an agency.  P.O. box registration is no assurance of a current address either.  If it is a planned moved, one simply has to apply and receive the P.O. box prior to moving and generate forwarding from the old address.)

Having created the profile, the investigator now looks for the pattern.  Is the subject constantly relocating?  Staying within a certain geographical area?  Is s/he beholden to a mortgage?   Has s/he foreclosed?  An address history search will also almost always reveal family member information.

Once the profile and pattern have been formed and detected, the investigator must decide on a course of action. The approach will determine if the locate will be successful.   Each investigator has his/her own technique but there is a different methodology applied between “friendly” locates and those involving people who’ve intentionally chosen to stay or go off the grid.   A sharp investigator will know how to entice a friendly subject and not tip off an adverse one.   That knowledge comes with experience and skill and a great deal of curiosity.

As a final step, an investigator may have to physically check an address to verify the subject’s address.  By arriving to this point, all other methods of locating have been exhausted but valuable knowledge on the  subject gained. (The location should be thoroughly researched before heading out to the field.  Showing up on a private road on 2 acres of land in the middle of nowhere is usually not going to result in a productive session.  Suggestion: Google Earth.  There should also be an established strategy to observe the location, discreetly,  within a restricted time span of when the subject’s presence is most anticipated.  If covert observation is not possible, the game plan must be thought out prior to, and include at least Plans A, B and C. )   Below; lack of a plan:

Finally, if your investigator returns with an address, ask that it be “verified”.  If there is  no confirmation that the subject is at the reported location, and the requestor is not made aware of the nonverification, a costly situation for the requestor may result, financially and with regard to negotiation stance.   If  the locate results are not verifiable, (and that occurs, although that number should be in the single digits, percentage-wise, in a competent investigator’s record), the requester will at least have that knowledge with which to make decisions.

Our operatives: A step ahead.

As always, stay safe.

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