Limit Your Liability

Choose an insured investigator. An investigator with sufficient commercial automobile, professional liability, and errors and omissions insurance coverage will prevent liability from falling back to the client if an investigation goes wrong. Luther Investigations carries all forms of applicable insurance exceeding the minimum required limits. This insulates our clients from liability should a mishap of any kind occur. When you use Luther Investigations, you are always covered.

Choose a licensed investigator. A private investigator in Texas is required to be licensed. Section 1702.386. of the Texas Occupations Code provides criminal penalties for anyone who knowingly employes a person who is not properly licensed to perform investigations in Texas. Though a license is required, it is not representative of competence or proficiency. Not only is Luther Investigations fully licensed with the Texas Department of Public Safety, Private Security Bureau, but also brings 27 years of diverse investigative experience. The public can verify the status of our license online at: https://www.dps.texas.gov/RSD/PSB/Reports/searchOptions.htm

Is your investigator ethical and professional? As an extension of you, the lawyer, do your investigators operate under the same ethical standards as you would? Ask the investigators you use whether the information/documentation they provide is accurate, factual, and will be able to withstand the scrutiny of your opposing counsel. Has the information / documentation been obtained in an ethical manner? Even the best information is of no benefit if it cannot be entered into evidence. Are your investigators professional in both actions and appearance? Overall credibility in court is significantly enhanced by an investigator who is professionally dressed and conducts him or herself in a professional manner. Luther Investigations upholds the highest ethical, legal, and professional standards when obtaining information and presenting that information in court. We also produce timely and professionally written reports. We understand that your investigator is a representative of you, the Lawyer, and we strive to reflect well on you in all settings. We are members of the National Association of Legal Investigators and adhere to their strict ethical standards. We always conduct ourselves in a professional manner from the beginning of the case to the end.

Is your legal investigation legal? Does your investigator follow all applicable laws when conducting an investigation?   Investigators who; contact represented parties, do not understand the restrictions of trespassing, expectation of privacy, FCRA compliance, etc. will produce tainted information and surely increase your liability. Conducting employee misconduct investigations can reveal drug/alcohol use, theft of equipment/material items, time theft, disgruntled employee harassment, and other issues in the workplace. Erroneous treatment of this information could precipitate employer liability rather than a positive outcome for the client.   The results of an improperly conducted investigation can be useless, but even worse, can cause the clients to be sued or sanctioned. Luther Investigations understands the laws applicable to investigation and your ethical obligations. Our knowledge and experience helps us protect our work product and our client’s reputation.

Does your investigator use current technology in investigations? Today’s technology has greatly increased the effectiveness of investigations, if it is used properly. Civil and criminal juries expect technology to be used in the Courtroom. Known as the “CSI Effect”, television has made the general public aware of forensic technology and juries can become suspicious when such evidence is not presented to them at trial. Does your investigator use technology in a way that can withstand legal scrutiny?   Was a GPS tracking device improperly/illegally used in your case? Does the video/photo equipment provide date and time stamped footage?   Improperly used equipment can result in increased liability. Luther Investigations uses the latest technology to gather evidence, but we know its limits and always adhere to the rules when using it.