When interviewing witnesses or suspects in a civil case, you, the private investigator, should always take copious and detailed notes. You should bring a white or yellow pad or some type of notebook paper to jot down as many detailed notes as possible from your interview. It is not essential that you write down the questions you ask the witness, but you should take note of how the witness responds to your questions.
You should then initial your original notes, date them, place the original notes in an envelope, and keep them in the case file.
The reasons for doing this are as follows:
- Your memory is not perfect. After the interview is complete, the information you obtained will be clear in your mind, but it may take a day or two before you write your report. In the meantime, you will forget some of the facts that the witness told you. The detailed notes you obtained from the interview will jog your memory and make the report more accurate when it is delivered to your client.
- The memory of a witness is not perfect. A year and a half later, you may be called to testify about your interview with that person. The witness will also be called to the witness stand. His memory of the accident will be influenced by what he has read, seen, or said by other people. Sometimes a witness will knowingly alter the facts. In other cases, he simply can’t remember.
- The judge, opposing counsel, or your lawyer will ask you where your original notes are. Your original notes are considered documents produced in the normal course of an investigation and are admissible in court. Your notes carry considerable weight in court. Nearly two years later, when a witness’s account contradicts hers, the opposing attorney or his attorney can ask her to produce the original notes. If the court determines that your notes have been initialed and dated and are clear on the issue at hand, your testimony will be considered factual over that of the witness. When a case is won thanks to your due diligence, be sure to charge your client more. You deserve compensation for all your hard work, and the client will pay you back.
You, your lawyer and the client will be happy when a case is successfully resolved. The lawyer who hired you for his services will usually ask you to invoice him immediately so that he can send the invoice to the client for timely payment. If the client won a lot in the case, he may want to increase the fee for his services. You worked hard on this case and you deserve what you’re worth. The more you succeed in saving your customers tons of money, the more you should charge for your services.