Part 1 of 4, of the “Litigation Investigator” series

If you’ve ever had an investigator tank a deposition or ghost you before trial, you already know: the wrong PI can do real damage. Yet too often, investigators are hired last-minute without much vetting and just because someone “had a guy.”

Whether you’re handling a wrongful death case, auto negligence, or premises liability matter with bad optics, the right investigator can truly add value in your case strategy. But what makes an investigator “right” for you?

Over the years, I have hired, fired, subcontracted, deposed, crossed, defended, and trained many, many, private investigators. I have also worked on cases from every angle: as a plaintiff’s lawyer, as defense counsel, as a co-owner of a private investigations agency, and now as Senior Counsel at Tyson & Mendes. It is from that collective experience that I share these critical considerations, lessons learned, insights, and proactive tips for hiring a private investigator.

This article kicks off a four-part series regarding the Litigation Investigator. We’ll start with what matters most: licensing, red flags, relevant experience, and where to find qualified investigators. If you don’t know where to start, or you are sick of getting “nothing burgers” from your investigator—this one is for you!

A License to Kill Your Case

Make sure the investigator’s license is current and valid. Seems silly. All professionals should have a valid and current license, right? Yes! But sometimes renewals are overlooked, or other more nefarious situations cause license issues.

Consider this cautionary example: A defense litigation firm was handling a high-exposure premises liability case with terrible facts for their client. Their investigator had uncovered a treasure trove of social media showing the plaintiff was exaggerating her injuries and turned it in before the discovery cut-off deadline. The work product was professional, the turnaround time was good, and these findings were impeachment gold!

Then the deposition of the investigator happened. When Plaintiff’s counsel asked questions about the investigator’s licensure, things took a turn for the worse. As it turned out, the investigator’s agency license had been revoked three weeks prior to the defense firm’s engagement of the investigator. Consequently, the social media evidence was excluded and there was not enough time to engage another agency since the discovery cut-off deadline had passed. What should have been amazing investigative work product became an expensive lesson in due diligence!

Examples like this happen more often than you would think. But they are completely preventable.

Each state has its own licensure requirements for private investigators. Fun fact: at the time of writing this article, a couple of states, like Colorado, have no licensure requirements. In Florida, where I practice, the Florida Department of Agriculture and Consumer Services (“FDACS” and pronounced “eff-dacks”) governs private investigators and agencies.¹ Florida is very strict about licensure and for good reason! Investigators handle private and sensitive information and for this reason, Florida has created good guardrails to protect the public. Additionally, Florida has relatively transparent open records laws, so the public can verify licensure quickly and easily.

Under Chapter 493 of the Florida Statutes, every agency (the company) must hold a valid “A” license, and every working investigator (the individual) must hold a “C” (fully licensed) or “CC” (intern – needs oversight) license. Verification takes less than 5 mins. To ensure my investigator’s license is current and valid, here’s my routine:

First, I run both the agency (the company for whom the investigator works) and the individual investigator through the FDACS License Lookup. It is available on the FDACS website and easy to use. I compare the license numbers on their materials with the ones listed on the FDACS website. I look for “Active” license status, a future expiration date, and confirmation that the company name matches what is on the “A” license.

Next, I run a quick Sunbiz check (Florida’s corporation search site) to confirm the company is still operational—you’d be surprised how many dissolved entities are still taking cases. While on the world-wide web, I scan the company’s website footer for the required license number display. No number? Major red flag!

Finally, I do a quick Google search combining the investigator’s name with terms like “arrest” or “mugshot.” Better to find those headlines early on than to learn of them from opposing counsel.

This is Your Burn Notice… Red Flags Every Lawyer Should Look For

The licensing check and verification process is just the beginning. Over years of working with investigators across Florida, nationally, and internationally, I’ve developed a mental checklist of red flags that tell me when to walk away. Some of these red flags were lessons I learned from getting burned. Hopefully, by sharing these lessons, you can avoid getting burned.

Early in my career, I once hired an investigations and security company. Unbeknownst to me, this agency was primarily a security company that also did private investigations work on the side. They quoted a great rate, and they ranked high on Google, but when their field operator testified at deposition, he couldn’t explain basic methodology questions. You could see the nerves and basic questions that a professional and experienced investigator would easily answer were obviously rattling him. Thankfully, the jury never had to see him testify, but the experience taught me a critical lesson about the importance of due diligence and vetting a private investigator early on.

Out of each lesson, I developed a 5-point red flag system.

• License Issues: Expired, Pending Review, or Revoked (for the agency or individual).

• Investigators who treat PI work as a side hustle.
• Any history of personal or professional misconduct.
• No clear conflict check protocol.
• Vague explanations about their understanding of the case or investigative process.

A single red flag triggers deeper vetting. If I have two or more, I move on. Rather than risk our case with someone questionable, there are too many excellent investigators out there.

The Resume Trap: Why Badges Don’t Equal Results

The resume trap caught me early in my career. I was handling a negligent security case which involved a shooting at a bar and lounge, and needed someone who understood premises liability. Impressed by a retired homicide detective’s 25 years with the force, I hired him immediately.

But it was a disaster!

From the moment he pulled up with retired law enforcement insignia on his vehicle, I knew he didn’t understand the nuances of building rapport with witnesses in these types of cases. Instead, he treated witnesses like suspects, so they clammed up. He apparently forgot that, in the private sector, there is no badge. Private investigators must rely on a different skillset when engaging witnesses. References to criminal procedure are irrelevant to a civil case, and he failed completely to keep the investigation focused on our liability assessment versus a “whodunit” approach. This was a face palm moment in my legal career.

That experience taught me that relevant expertise trumps years of general experience. When interviewing investigators, ask specific questions to better gauge the investigator’s understanding of investigations relevant to the type of case involved. Test the investigator’s understanding of the type of case and necessary work required to conduct a thorough, diligent, and ethical investigation.

A few sample questions for interviewing a potential investigator are:

Tell me about the last premises liability case you worked (without violating Chapter 493) and what was your biggest challenge?

How would you approach surveillance on a plaintiff who lives in an apartment building with a secured parking garage and ingress/egress points on either side of the building?

What did you think of Florida HB837 passage in 2023? How did that impact your investigations?

The quality and specificity of an investigator’s answers to these types of questions speak louder than any resume or CV. The most effective investigators often aren’t the ones with the “coolest” backgrounds—instead, they’re the ones who understand the nuances of civil litigation and what a specific case demands.

The Investigation Avengers: Beyond Google

Assembling your dream team of investigators takes time but will pay dividends in your case results. Over the years, I have come to know a lot of private investigators. I eventually even married one and became a Florida licensed private investigator as well. But where do you go to build your network instead of clicking the paid ad on top of your search engine results? For me, that was attending networking events, conferences, webinars, and speaking engagements.

These connections may come from:

• Active participation in professional associations like NALI and FDLA
• Asking both plaintiff and defense colleagues for their go-to investigators
• Attending a meet-up or volunteering to present to a Private Investigator group
• Noting PIs who held up well under pressure when reading deposition transcripts
• Noting which investigators worked for winning teams on winning cases

Building this network took time, but now, when a new case lands on my desk, I already know which investigator I’ll call based on the specific demands of the matter. However, my network is ever expanding, and I continue building it (and pruning it if necessary).

Takeaways – The Investment That Pays Dividends

Learning some lessons the hard way, and having spent several years running a private investigations agency, has transformed how I approach investigations. What once seemed like an afterthought in case preparation is now a strategic priority. The right investigator—properly vetted, appropriately experienced, and ethically sound—becomes an extension of any legal team and a force multiplier.

The beauty of being thorough at the outset and early on is the confidence it brings later. When an investigator takes the stand, you must know who they are, know their credentials, and you can be confident the jury will, too. When an investigator produces social media and open-source evidence, you can be certain the collection methods are ethical. When a good investigator interviews a key witness, you can trust they’ll know the right follow-up questions that matter to your case.

This confidence doesn’t come from crossing your fingers and hoping for the best. It comes from a methodical approach to selecting investigators who will enhance your case rather than endanger it.

As we continue this series, we’ll go over other aspects of selecting the right investigator and delve into topics such as background investigations, secure databases, FOIA requests, and more!

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Sources

1. Fla. Stat. § 493.6111 (2024); see also Florida Department of Agriculture & Consumer Services, Division of Licensing — Licensee Search, https://www.fdacs.gov/ (last visited May 6, 2025).