Law Times

law Times • July 25, 2011 An online resource 1.800.263.3269 Focus On FORENSICS/PRIVATE INVESTIGATORS ntitled-2 1 Ex-police officers make credible PIs Previous experience helps keep results of investigations out of court BY DARYL-LYNN CARLSON For Law Times I t could be that police have such an affi nity for solving mysteries that they can't bear to leave their line of work following their retirement. Regardless of the reasons, many former offi cers join established private investigation companies or start up their own businesses. For lawyers who need a private investigator, retain- ing a former police offi cer is an ideal means to ensure that the results of an investigation won't be challenged and that the person hired has the proper training and credentials that will lead to a credible result. Christopher Hicks, a criminal lawyer and founding partner of Hicks Adams LLP in Toronto, says many former police offi cers have the investigative training necessary to conduct a probe that will be accepted by all parties. As well, they have a wide range of experi- ence and many connections within the profession that can be helpful in almost any type of investigation. "Investigators who have worked with a police force, their training is very eff ective, especially if they did a lot of forensics work," says Hicks. "Lawyers very much do want to be able to deal with experienced private investigators who have a background working on a police force as they have the appropriate background in investigations and a lot of connections to former colleagues who they can con- sult with if they have any doubts about a fi nding." Hicks notes that as former police offi cers are unable to fl ash their badges, the best way to make up for that as a private investigator is to have good communica- tion skills that will enable them to deal with subjects while working undercover and also explain their fi nd- ings in simplistic terms to lawyers and other parties involved in the matter. "It's important for them to be able to explain every- thing in simple terms, especially if it does have to do with forensics." In one instance, three former detectives who worked for the Toronto Police Service went on to found MKD International Inc., a Toronto-based private investigations company that provides services for lawyers in the areas of criminal, civil, and family law. Th e company was founded by James Downs, Steve McCormick, and Th omas Klatt, all whom had extensive careers as detectives. Th ey agree that explaining any fi ndings in terms that anyone can un- derstand is a very important aspect of the job. Investigators need 'to be able to explain everything in simple terms, especially if it does have to do with forensics,' says Christopher Hicks. Downs and McCormick note their company does all types of investigations for lawyers, including some that involve businesses with international operations. According to Downs, the key to a successful inves- tigation is ensuring the fi ndings are both credible and explained in simple terms. "It's very important that a private investigator has the credibility and the experience to back up any fi nd- ings," he says. "We do all kinds of investigations for law fi rms for all types of their clients ranging from corporations to small businesses and individuals, most which involve surveillance work." Downs notes that in the event a matter does go to court, there are many protocols investigators have to abide by during their work. "Everything has to be court acceptable, meaning we have to defend our actions and the results of the investigation if the matter goes to court," he says. "Th at means we have to be very thor- ough and have certainty in our conclusions to justify the results." Downs says it's very important that lawyers ask many questions when retaining an investigator for a case in order to ascertain their experience and exper- tise. "When they hire investigators, they should ask questions as to who's doing the work, what is their experience, and how are they trained as that is very important depending on the case or the area of the investigation," he says. "For example, if a lawyer hires an investigator to do surveillance, they should ask about their experience in that fi eld and whether they understand the laws to make sure that everything is done within the law." As well, investigators need to know how to prop- erly conduct an interview with a subject who may be the focus of an investigation or a witness. "With interviews, whether it's for civil matters or a criminal prosecution, there are all kinds of diff erent techniques and rules that one can get through proper training and experience," says Downs. "So it's very important that an investigator has the experience and knows this area because there can be many things that can go wrong if they don't." McCormick also says it's imperative that investiga- tors have signifi cant training and experience in the fi eld to be certain their fi ndings won't be subject to a lawsuit. "For us as former police offi cers, we are able to do an investigation as experienced investigators rather than going on a hunch, and that is very important for the conclusion of the investigation," he says. "All investigators must have a particular skill set and stick to it and share that information with the lawyer when discussing the nature of an investigation." Both Downs and McCormick say they founded MKD International in order to share their experience and knowledge of the law related to investigations and surveillance with lawyers and the private sector. "All of our people have solid experience and know how far they can go," says Downs. Adds McCormick: "We know what we can do and what we can't do, which is very important in an inves- tigation that could be contested if an investigator does not have the experience." 7/7/11 9:10:05 AM PAGE 9 MASTER THE RULES OF PRACTICE MARTIN'S ONTARIO CRIMINAL PRACTICE, 2012 EDITION WITH ANNOTATIONS BY EDWARD L. GREENSPAN Q.C., THE HONOURABLE JUSTICE MARC ROSENBERG AND MARIE HENEIN ORDER # 804533-63383 $99 Hardcover + CD-ROM approx. 1086 pages July 2011 978-0-88804-533-1 Annual volumes available on standing order subscription For years, Canadian criminal lawyers have relied on Martin's Ontario Criminal Practice as a trusted source of expertise. This resource is fully annotated by three of Canada's renowned criminal law experts. You benefit from powerful insight into the rules of practice that helps you effectively prepare for court. Comprehensive coverage includes expanded case law, current to March 15, 2011, Ontario Review Board Rules of Procedure and extracts from the Federal Prosecution Service Deskbook. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca | Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® Untitled-8 1 www.lawtimesnews.com 7/20/11 4:00:55 PM

• Cover
• Estates Ruling
• Maverick Retires
• Focus On Forensics/Private Investigators