Law Times

Law Times • JuLy 21, 2014 Page 9 www.lawtimesnews.com Former police not always the ideal investigator By arshy mann Law Times ercule Poirot began his career as a police detective. Philip Mar- lowe was an insurance investigator, while Magnum, P.I. used to be a Navy SEAL. Fictional private investiga- tors come from a variety of backgrounds. But when lawyers are hiring a private investigator for a very real problem, what sort of experience should they be looking out for? Christopher Hicks, a found- ing partner of Toronto criminal law firm Hicks Adams LLP, says that when he hires private investi- gators, he looks for people with a police background. "Really, the best you're going to do is a former police officer," he says. Hicks wants people who are familiar with crime scenes and are able to provide expertise when it comes to DNA forensics, firearms, and shells. "Those are the most fruitful areas that a private investigator can help you," he says. Hicks believes that even some- one who graduated from police college isn't enough; he wants real policing experience. "I think you need someone who's been in the field," he says. According to Hicks, one of the most important reasons to hire former police officers is that they know what to do in a courtroom. "You'd like some court experi- ence as well or else they're not go- ing to hold up very well in cross- examination," says Hicks. "So you want people who can not only do the field work, but if you need them in court, they're going to present well and handle themselves well." Denis Gagnon, president of BCS Investigations, is himself a former RCMP officer. But he can sometimes be wary about hiring other former cops onto his staff. "Former police doesn't mean you make a great investigator," he says. Gagnon notes private inves- tigation often requires different skills than police work. "When you're a police offi- cer, you're used to enforcement. You've got your badge and you enforce," he says. "I want somebody who can go much wider than that, especially on an undercover operation." Hicks agrees that sometimes former police officers may not have the necessary interper- sonal skills required for private investigative work. "Now you may need someone to do some basic asking of ques- tions. Then you want someone with a softer personality that can get people to come forward and have some confidence and an- swer their questions," says Hicks. "These are the things that a police officer doesn't have to wor- ry about. You've got a uniform and a badge and a gun. Not many people are going to say no." To make sure lawyers are get- ting the right person, Hicks sug- gests they simply need to do the proper due diligence. "If it's somebody you don't know, you may like an opinion from someone else who has actu- ally employed them," he says. According to Gagnon, the industry is no longer the exclu- sive domain of former police of- ficers and people looking to hire private investigators have other options. "I'm seeing a growth in people who don't have a police back- ground but have an interest in doing investigations and come from a different field," he says. Gagnon says he tries to dis- tinguish his firm from others by hiring people from a variety of backgrounds. He says that can be especially useful for undercover work. "If you look like a cop and you walk into a warehouse and there's an Asian gang, they'll pick you up pretty quickly," says Gagnon. "So you want to use someone who doesn't look like a police of- ficer for undercover work." Gagnon looks for certain character traits in his private in- vestigators. He wants people who are streetwise, have had an array of experiences, and, most im- portantly, are good at solving the types of puzzles they'll encounter. He recruits from a variety of industries. He especially likes people with an insurance back- ground. "They have very, very intuitive minds," he says. And with the rise of corpo- rate espionage and cybercrime, he says having computer foren- sics experts on staff is also key. Similarly, he says people with a medical background will often be able to work with DNA fo- rensics as well as or better than former police officers. Journalism is another good potential background for pri- vate investigators. "They're somewhat investiga- tors in their own way; they just don't enforce it," says Gagnon. "So some of those people go one step further. They go from that and to being full-f ledged investigators." Gagnon agrees with Hicks that whoever a lawyer hires, investigators need to have the necessary skills and training to hold their own in a courtroom. He says the best way to ensure that is to check whether the in- vestigator has the proper train- ing and certification. "You just don't become a private investigator in one day," he says. "I have somebody who's been here two years and she's ready to get her licence but she has put in thousands of hours of work with regards to increasing her knowl- edge." Overall, Gagnon says people looking to hire private investi- gators have many more options than in the past. "When I started 15 years ago, it was all ex-cops. I prefer not to go that route because I think it limits you," he says. LT FOCUS CANADA LAW BOOK ® Gain insight into the legal dynamics of a real estate transaction Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Gain insight into the mechanics and legal dynamics of a real estate transaction. Real Estate Transactions is a valuable resource that covers the fundamentals of a real estate transaction from beginning to end, including mortgages and remedies. 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Visit www.carswell.com or call 1-800-387-5164 for a 30-day, no risk evaluation Untitled-1 1 14-07-14 9:20 AM H While some people feel otherwise, Christopher Hicks believes former police officers make ideal investigators.

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