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Can’t Find Your Client? Witness? or the Defect?? 5 Proactive Steps

lost and found

Every attorney has his/her own intake survey (generally varying by incident type) and method of working a case.  Below are several situations that our investigators have experienced in the field, and recommendations based on these incidents.  We hope these observations serve a proactive purpose in keeping a case in check.

1. Your client’s emergency contacts.

Situation: On numerous occasions we’ve had to locate a client that has moved without notifying his/her attorney.

Recommendation:  Obtain the complete contact information of at least 2 relatives and 2 friends NOT living with the client.  (Drilling deeper,  obtain the DOBs of the emergency contacts.  This may appear to be a rather aggressive suggestion but,  at least 2 of these 4 contacts should be within the 25 – 45 years old range.  Obtain an email address as these are often traceable. )

 

2.  The witnesses.

Situation: I’m sure you’ve all seen a PAR w/a witness listed as “Johnny, 917-555-1234″. (or same, similarly incomplete police report).   No address, no surname and a cell phone that may or may not be active in 2 weeks, let alone 2 years.

Recommendation(s):  1. Call “Johnny” immediately.  Obviously,  the first objective is to determine his knowledge of events regarding your client’s matter.  2. Obtain his contact information and an identifier.  (Again we suggest DOB.  Many people are reluctant to release their SSN.)  3. Obtain an emergency contact for him.   4.  Check the contact info every 6  months until the case is resolved.

 

3. Professional photographs of the accident scene, especially if citing defect or disrepair. 

Situation:   Several years ago, we had an exterior premises  trip and fall situation wherein we were called to investigate the scene approximately 4 months post-incident.  The injured person made several natural and unintentional mistakes: 1. Not realizing the extent of his injuries, he did not call 911.  There were no on-site witnesses and no responder witnesses, and  2. When he returned a week or so later, after receiving medical attention, he’d taken photos of the accident scene but the shots contained shadows running across the defect rendering it difficult to determine the exact nature and severity of the  defect.   He was to go back and re-shoot the scene but did not.  4 months later, no defect, no repair record.  The homeowner, of course, knew nothing.  Good luck with an area canvass among neighbors.

Recommendation: Send out a professional to photograph the accident scene ASAP.  Don’t expect the client to return and accurately record the scene.  Bear in mind, however, that the defect may have permanently “disappeared” and there may not always be a repair record.

From our good friend,
http://www.stus.com
:

 car accident

4.  If it seems weird; it probably is.  Check all possible contributory factors.

Situation:  Claimant fell UP the stairs.  She wasn’t carrying bags, wore flat shoes; no drugs or alcohol were involved.  No defects, liquids or debris on the ground.

Recommendation: Measure everything.  After taking detailed step and rail measurements, we realized that a) the steps were unequally sized – from the height between them to the protruding lip of each step (which was excessive at the point where she was caused to trip and b) the rail would have been out of reach from her position regardless, with no secondary wall rail in place.   Rarely do people slip, trip or fall for no reason (unless there is an underlying medical condition.)

 

5. Always check to see if drugs and alcohol were involved. (Defense)

Situation:  Building maintenance crew member claims to have fallen off of a defective ladder.  The ACR showed extremely high bp readings; 3 taken at 15 minute intervals by responding EMS.   Beyond what would be expected even in a stressful situation.

Recommendation: Check the medical history.  The individual was on Lipitor and had not taken his medication as prescribed for several days preceding his fall.  (He’d also commented to several co-workers earlier on the day of incident that he was feeling “dizzy”.)  There was absolutely nothing wrong with the ladder, the area surrounding it, nor was he working at a height requiring specialized safety equipment.

Our Operatives: Investigative minds at work.

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.

He Said; She Said; We Should: Interview Intake Form

As we are all well aware, federal and state laws prohibit prospective employers from asking certain questions that are not related to the job they are hiring for. Questions should not be used to find out personal information. In a nutshell, employers should not be asking about your race, gender, religion,  disabilities, ethnic background, sexual preferences or age.

During the witness statement interview, however, investigators are not looking to hire the witness but rather to find out just as much personal information as possible. As we mentioned in a recent post, witnesses can make, break or mitigate a trial lawyer’s case. It can take several years for a case to reach the point of serious negotiation or trial. The issue may then be finding a relocated witness. For that reason, the investigative specialist needs to gather as much personal information from the witness as possible during the initial interview. (We do caution the interviewer to employ a bit of tact as most of the fields on the Interview Intake Form can be filled in without direct questioning of the witness.

INTERVIEW INTAKE FORM

Date of Interview: _______________________________

Time of Interview: ______________________ A.M./P.M.

Witness: _____________________________________

Home Address: ________________________________

___________________________________________

Phone Number: _________________________________

Work Number:__________________________________

Cell Number:___________________________________

Witness Description:  Gender:  ____Male    ____Female

Date of Birth: ______________________  Age: _______

SSN: _________________________________________

Check one:  ______ Asian  ______ Black   ______ Cauc.

______ Hisp.   _______ Indian  _________ (Other/enter)

Height:  _______________    Weight:  ______________

Hair color: _____________    Eye Color: ____________

_____ Mustache _____ Beard  _______________ Other

Psychological/Personality Assessment: (i.e., quality of

memory recall,  friendliness, credibility…) ________________

_____________________________________________

_____________________________________________

_____________________________________________

Address Where Interviewed: _________________________

_____________________________________________

Client: ________________________________________

File #: ________________________________________

www.MainPowerInvestigations.com   718-593-4549

Our Operatives: Street smart; Web savvy.

This Week In: Field Investigation Observations

This week in Field Investigation Observations:

Women can even run in heels. Flats cause accidents.

1. Flat shoes are always the cause of a trip/slip and fall.  (Tangential note: Sip and fall = dram shop case.)

2. The yellow traffic light  simultaneously extends in all directions.

3. Witness descriptions are related to the witness’ frame of reference. (“It was the old dude’s fault.  He can’t see”, stated the 19 y.o. who’d just blown the red, slamming into a 41 y.o. dude’s car.)

4. Cops automatically tune out the vehicle’s operator when asked for a driver’s license and the response begins with, “See, what happened was…”

5. All witnesses are true psychics and the victims economically-challenged.  “I just knew he was gonna hit that poor woman!”

6. Be prepared to treat for severe shock when parents are told that their 11 y.o. was out at 1:00 a.m.

7. In any vehicle (excluding passenger vans, buses and trains) containing 7+ occupants, at least 5 will have seen nothing, 6 will claim injury and all will dispute who was driving.

8. If a 35 y.o. turns to ask his Mommy if it is okay to talk to the investigator/lawyer/police, s/he will not do well on the stand.

9. Jewelry stores are located next to skyscrapers for a reason. Invariably, survivors of  multi-story free falls down elevator shafts due to a non- or malfunctioning elevators need to display their recent spiritual realignment with their Maker by wearing hubcap sized gold religious medallions. (99.9% are not rappers.)

10.”How much do you think I will get for this?” is most often asked in anticipation of future incidents involving the other (as of yet, unaffected) appendage.

That will be all.

BNI Operatives: A step ahead. (In low heels, of course…)

As always, be safe.

Witness Statements Done Right

Front end destruction to a Saturn automobile.

Image via Wikipedia

Witness statements; seem simple enough. The attorney needs the incident/accident details; recorded in an accurate and concise manner. Often, however, it is the experience of both the seasoned field investigator and the harried trial lawyer to have obtained a witness statement only to realize later that it is not as comprehensive as he or she would have liked.

BNI’s founders sought to alleviate this concern for attorneys and conducted an in-depth review of witness statements obtained over the course of its decade in the private investigation field. After a careful study, we’ve created incident-appropriate Witness Statement Checklists for the investigative and trial law professional. This week, we’ve attached a Witness Statement Checklist relating to motor vehicle accidents.

WITNESS STATEMENT CHECKLIST (MVA)
This checklist contains items that must be addressed for a witness statement to be considered complete. One checklist per involved vehicle.

1. WITNESS PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info)

2. WEATHER CONDITIONS (including possible glare)

3. LIGHTING CONDITIONS

4. SURFACE CONDITIONS (roadways, shoulders…)

5. DEBRIS/CONSTRUCTION PRESENT

6. DESCRIPTION OF ROADWAY (# of lanes, travel direction, divider present…)

7. SIGN DEVICES/PRESENCE OF TRAFFIC AGENT

8. DIRECTION OF TRAVEL OF PARTICIPANTS (drivers/pedestrians…)

9. DESCRIPTION OF ACCIDENT (detailed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE DRIVER GOING?

12. RATE OF SPEED

13. FORCE OF IMPACT

14. DAMAGE TO VEHICLE (detailed)

15. POSITION OF OCCUPANTS

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RECEIVED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. POSITION OF VEHICLE AFTER IMPACT

20. SUMMONSES ISSUED

21. STATEMENT(S) MADE AT SCENE

22. ADDITIONAL WITNESSES

23. WAS THE VEHICLE TOWED?

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