The professions of private investigator and lawyer are complementary, to the extent that an advocacy file must be supported by indisputable evidence and obtained fairly.
In civil matters, Article 9 of the Civil Code of Procedure provides that the evidence necessary for the success of their claims lies with the parties.
Private investigator brings the necessary evidence to the lawyer
A magistrate decides on the evidence presented by each party. Also, when the lawyer’s client has difficulty proving what he says, the demonstration is necessarily impoverished and the trial may be lost.
Thus, the intervention of a private detective then appears to be indispensable.
Subject to professional secrecy, the private investigator is entitled to receive from the lawyer, or his client, confidential informations related to the dispute and constitutes:
“One of the privileged actors of the very effectiveness of the rights of the defense”. (Opinion n ° 2008-135 of September 21, 2009 of National Commission of ethics of the security.)
If the detective can support a case for a procedure already started, the use of an investigator can just as easily help to move from mere suspicion to the establishment of evidence to initiate a lawsuit.
Investigative report of private investigator is producible in court
In any case, its investigative power will help the manifestation of the truth through the collection of evidence in a legal and discreet manner. This information will be the subject of a fully admissible investigation, report that will effectively support the lawyer’s findings.
The case law on the admissibility of a private detective report has been consistent since the Torino judgment of the 2nd Civil Division of the Court of Cassation dated November 7, 1962 (No. 1020, Brunet v. Garnier).
The field of intervention of the private detective is particularly wide, since it can intervene in all civil matters, family, salary, or commercial.
Its action is also formidable in the context of Article 145 of the Civil Code of Procedure, which provides that the judge may order certain pre-trial investigation measures:
“If there is a legitimate reason for keeping or establishing before any trial the factual evidence that could be relied upon in the solution of a dispute …”.
A private investigator’s report can effectively support the applicant in his demonstration, by bringing together a set of concordant indices concerning, for example, the activities of a competitor, or the actions of an employee (past or present).
Lawyer and private investigator collaboration
It is fundamental that the lawyer and the private investigator communicate clearly, and define together a strategy adapted to the needs of the case, in particular according to the competent jurisdiction.
Indeed, the provision of evidence in commercial, social or criminal matters differs considerably, and it is imperative to coordinate the actions of the detective and the lawyer.
Thanks to its expertise and reliability, senex Private Investigator agency has a privileged relationship with many law firms for many years.
Remember that it is imperative to call a detective with the necessary approvals and authorizations, failing which the evidence collected will not be admissible before a magistrate.
