You've made your decision and hired a private investigator.  Now what?  The best all-encompassing advice we can give you is to trust your decision and let the detective do his job.  Most of all, do not do anything to "tip off" your spouse, or arouse their suspicions.  For example, you should maintain your normal level of interaction - don't ask more questions, don't ask less. Don't change your schedule or make other major changes that are likely to let your spouse know something is different.  Most of all, DO NOT follow or have others follow your spouse during the investigation.  Nothing is more frustrating for an investigator than to have the client show up near a surveillance operation.  If you are seen, not only will that surveillance be useless, you may cause your spouse to shut down their activities - remember, we cannot gather proof for you if your spouse isn't doing anything that needs to be proven! 

Along the same lines, you should be very careful about who knows you have hired an investigator.  There is no better time to decide to keep something to yourself.  Too many people find out too late that friends, family or coworkers they confided in deliberately or accidentally revealed their plans to the spouse, or just to someone they thought they could trust.  If your spouse finds out he or she is being followed, the investigation will probably have to be delayed - at worst, you could completely ruin any chance you had to obtain evidence that is admissible to prove the infidelity.  When you suspect adultery, it is natural to want to complain to or confide in friends and family, but the longer you can keep the investigation to yourself, the better.  Likewise, as the investigation progresses, do not confront your spouse with anything that is found unless and until you have discussed the findings with your attorney.  What seems like "all the proof you need" to you may not be legally sufficient to prove adultery in Family Court.  If you don't have an attorney, at the very least discuss progress with your investigator and keep your long term goals in mind.  It may be very tempting to confront your husband or wife when they lie to you about where they were the night before, but if you resist the temptation, you stand a much better chance of him or her continuing their behavior, giving the detective ample opportunity to document it for you. 

Communicating with your investigator is crucial, but remember you are paying by the hour (most likely) for their services, so limit your conversations to providing information on possible surveillance opportunities or information the detective may need to conduct the investigation efficiently.  If you find out that your spouse has made or changed plans for a possible meeting with their lover, let the investigator know as soon as possible.  Solo investigators plan their surveillance activities based on the information they have, so if you wait, they may already have another case scheduled.  National companies typically have a scheduling process that may not be timely enough to get the information processed and the task assigned to the field investigator.  Often, national companies contract with local solo investigators, so you are taking a risk, if you wait, that the information may not reach the investigator in time.  Most local mid-sized firms, like Byrd, Stillinger & Associates, have several field investigators available, but just like the solo and national companies, we schedule surveillance based on the information we have.  If you call at the last minute, we can probably accommodate your request, but you may be charged extra. Hopefully you will have read the contract for services before signing and be aware of any price differentials - if you are concerned, ask!  The investigator works for you. Getting the information to the investigator as soon as you can helps them schedule surveillance effectively, keeps you from missing out on an opportunity to gather valuable evidence, and saves you money. 

As the investigation progresses, be patient, and be realistic, considering all the circumstances and the professional advice of your investigator and attorney.  In some cases where the adultery is out in the open, it is not as difficult to document.  If, however, your spouse is being very careful and/or is aware of what is required to prove adultery, it may take weeks or months to gather enough evidence.  A termination of alimony case, by definition, takes quite a long time and a significant investment in surveillance time and equipment.  Other complicating factors, such as significant travel, location and privacy of activities, an affair with a co-worker, adultery with a person of the same gender and many other factors can complicate surveillance efforts.  If you did a good job of researching and interviewing before you hired a detective, they will be happy to explain whatever difficulties they anticipate before the case begins, and to discuss new concerns as they arise during the course of the investigation.  Sometimes the subject of the investigation "makes" the detective (realizes they are being followed) - sometimes this is due to a mistake on the part of the surveillance investigator, but not always - no honest detective will claim they have never been "made" during an investigation.  Experienced investigators with proper equipment are less likely to get "made", but it can happen even to the best of us.  If this happens, the investigator may notify you, and you should discuss how to proceed.  Be aware, though, that you may get an angry or scathing phone call from your spouse claiming they know you're having them followed.  Perhaps they "made" the investigator, but perhaps not.  Often, people involved in affairs make this accusation just to see how the innocent spouse will react - they may in fact not know anything at all.  You will need to use your instincts to decide how to react, but if it is at all possible to continue to keep the investigation to yourself, by all means do so, then discuss with your investigator as soon as you can.

 Sometimes the investigator will follow the subject on many occasions and not document any suspicious behavior.  This could be due to the subject being very careful or any number of other factors, but your detective should be willing to provide you with updates and talk to you about possible changes in strategy.  If your investigator brushes you off or refuses to discuss "what's taking so long", you may need to reconsider your choice of investigators.  Be mindful, though, that you are experiencing many different emotions and it can be difficult to be patient, and it can be difficult to process when you hear things you don't want to hear.  We understand, and will be glad to discuss your investigation, strategy and goals any time.  As with any positive relationship, you and your investigator must be willing to listen to each other and work together towards your goals.

Once you and/or your attorney are satisfied that enough evidence has been gathered, the investigator should provide you with a detailed report and a copy of any photographs, video and audio they have obtained.  Expect the investigator to require full payment before providing a report or testifying in a deposition or court proceeding.  Your investigator should be available to discuss the case with your attorney both during and at the conclusion of the investigation. 

What should you do if something goes wrong? You're not satisfied with the progress of the case....you're not comfortable with the strategy....these issues can usually be resolved by contacting the investigator and setting an appointment to meet face to face.  If you cannot resolve the issues, you may wish to discuss terminating the case.  Most private detectives require a non-refundable retainer, and you agree to it being non-refundable when you sign the contract.  This is one of the many reasons it is crucial that you take the time to choose your private investigator very carefully.  An honest and reputable investigation firm may be willing to discuss a return of some portion of a retainer that has not been used; however, they are certainly not required to do so. An investigator, especially a solo detective, may have turned down other cases due to her commitment to your case, and though this is a perfectly legitimate reason not to consider a refund, she is not required to divulge this information. 

 If the problem is that you can't find your investigator or are having trouble getting a big company to communicate with you, very often contact from your attorney will bring a swift response.  If the investigator is working hard on your case, he will be more than willing to let your attorney know this.  If contact via your attorney does not work, or you have concluded that the investigator is simply not to be found, or that you have been cheated, you may contact SLED Regulatory Services to file a complaint.  An investigator in SC who fails to abide by licensing requirements can be censured or can even lose their license.  If you have an attorney, discuss your concerns with them before filing the complaint.  An alternative to filing a complaint with SLED, if you feel you were cheated, is to file a complaint in Magistrate's or Common Pleas court.  Litigation is expensive with no guarantees, though, so again, talk with an attorney before proceeding. Hopefully you will never have need for these steps.  We know and work with private investigators all over SC, the US and even internationally - the overwhelming majority are hard working, honest professionals.  If you have or have had a negative experience with a private detective, look back and try to assess whether there were any tell tale signs that indicated that the investigator might not live up to your expectations, and then, armed with this new wisdom, start your search again.  Check out our previous blog article and the Choosing a PI page on our website for more information on how to choose the right private investigator.

As always, contact us if you have questions or would like to discuss your personal situation with us.  Initial consultation is always free!

It's a nightmare.  You suspect your spouse is cheating, your life is turned upside down and you want to know the truth.  Your personal and financial future hang in the balance, and you've wisely decided against trying to get proof yourself or by getting friends and family involved.  What next?  A quick internet or phone book search reveals dozens of private detective companies in your area.  It's crucial that you find one that provides quality work at a fair price, who will be there for you if your case goes to trial months or even years later.  It will take some time to gather information to make a wise choice, so take a deep breath and promise yourself that you will not make a hasty decision. 

If you have an attorney, or know attorneys who handle family court cases, call and ask for a referral to an investigator they have used in the past.  A referral from an attorney or other legal professional is a strong indication of quality, but by no means should you simply hire the first firm you are referred to. The vast majority of  professional detective companies have invested in a good quality website that provides a wide range of information.  Use your favorite search engine to search for firms in your area, and take some time to look through the sites you find.  Ask yourself these questions: Is the site professionally designed and free of spelling, grammar and punctuation errors?  Does the site give you information on the investigators' experience, training, equipment and surveillance capabilities?  Is the company locally owned and operated, or a national company with (or without) an office in your area?  Does the firm have an office location? Does the firm make unrealistic promises? How long has the company been in business?  Are its owners and/or employees involved in the community?   Do the owners and/or investigators have specialized training, education or experience? Do any of the company's investigators teach classes or write articles? Are they considered experts by their peers and the community? Overall, what impression do you get from their site?  Compile a list of three or more firms you feel the most confident about.

Make a call to each of the companies and ask a few preliminary questions, such as "how do you set your fees?", "who will do the actual work on my investigation?", "how do you handle multiple investigations simultaneously?" and any other questions you may have.  Find out if the company offers a free initial consultation.  Ask yourself whether each person you talk to is compassionate, professional and knowedgeable.  Most likely, your impressions from the website will be consistent with your impressions from the phone conversations.  If not, go back and look through more sites and repeat the process until you have no less than two companies you would like to interview, and call for appointments. 

When you arrive for your meeting, look for indications that the firm is well-established, professional and reputable.  A clean, well-maintained office, small or large, is a sign that the owner is willing to invest in the company and is financially stable. Ensure that the company is licensed, if required by your state. Look for signs that the company and/or its employees are involved in the community.  Memberships in the Better Business Bureau, local Chambers of Commerce, Professional Associations and Civic groups are a good indication of the firm's commitment to quality business practices and professional development.  Assess the people you meet as you would any professionals: do they dress, speak and conduct themselves in a businesslike manner?  Do they treat you with courtesy and respect?  Are they interested in helping you or just in how much money they can make?  Do they answer your questions honestly and completely?  Do they promise you too much or are they careful to give you realistic expectations? Are they organized, efficient, on time and attentive?  What about them impresses or concerns you?  Make notes during and after your meeting.

Remember you are the customer; you are interviewing the investigator to determine if you want to hire him or her to handle one of the most important issues in your life.  Try to resist the temptation to hire the first company you interview on the spot.  Follow through with interviewing the others you chose, then if at all possible, make your decision only after a day or two of careful consideration.  Once you've made your decision, the company should provide you with a written contract, answer any questions you have about it and work with you to decide on an investigative strategy that fits within your budget.  Be prepared to pay a retainer up front, just as you would with an attorney or other professional firm.  Now that you've made your decision and have an investigator on the case, trust your decision and let the investigator handle matters from that point forward. 

Our next article will cover what to do and what not to do once you've hired an investigator, how to work with (and not against) your investigator, how to communicate effectively during the investigation and what to expect when the investigation is complete.  We'll also cover what to do if something goes wrong.