Attorney Work Product Doctrine
Many of our cases are conducted at the direction of our client’s attorney; thus, our work is protected by the Attorney Work Product doctrine. The “attorney work product” doctrine protects documents and theories prepared by an attorney in the course of an investigation if litigation is pending or is anticipated.
It is generally accepted that an attorney’s work includes statements, notes, reports, and other materials created in the course of preparing for litigation. These materials can also include interrogatories, signed statements, memoranda, briefs, digital evidence, and other information they have obtained in preparation for the defense or prosecution of a case.
When taking on a case, the Attorney Work Product doctrine creates a foundation for in-depth investigations because it protects the work being performed by both the attorney and the licensed private investigator. It also shields the investigation from interference from opposing counsel should there be litigation. Most importantly, it allows the thoughts of the attorney and private investigators to breathe freely in preparation for legal action. After all, an attorney’s thoughts are often home to their entire case.
The attorney-client privilege is major a benefit of having a labor attorney involved in an investigation. The attorney/client privilege protects all communications between a client and the attorney from disclosure demands from a 3rd party. It is the client’s privilege–and cannot be unilaterally waived by the attorney. The rationale behind the privilege is simple; it encourages full and frank communication between an attorney and client. The more work that the attorney actually does, the more protection you might expect from the privilege. To be protected, the communication must be confidential and occur when an attorney is acting in his or her legal capacity.
Expert Witness Services
We utilize Digital Forensic Examiners that are experienced expert witnesses. Our examiners can assist in trial preparation and competently testify. There are many professional forensic examiners, but few can concisely testify to their work processes, answer loaded questions from opposing counsel, and articulate each step of their work.
When selecting a Computer Forensics Expert Witness, you should determine the following:
- How long has the witness worked as a Digital Forensics Examiner?
- What formal training and professional certifications does the Examiner possess?
- Is the witness a member of any forensics industry or related professional associations?
- Has the witness testified in court on other similar matters?
A Due Diligence investigation is a comprehensive appraisal of a business, especially to establish its assets and liabilities. We offer a full suite of searches to ensure you have thoroughly reviewed public record information on your target.
Our offerings include:
Social Security Number Trace
Locates names associated with the provided Social Security number. For individuals, the address trace report is used as a baseline for determining where public record searches should be conducted, by establishing the jurisdictions in which the subject resided or, in some instances, worked.
Social Security Number Verification
Verifies that the social security number is valid in a given state and time frame. This search is performed through federal records.
County Specific Criminal History
We are able to perform county criminal searches of current records directly at local county Superior and Municipal courts. Criminal searches are available nationwide as well as in the U.S. territories and Canada. We recommend a search of all counties of residence and any AKA’s that are identified in an individual’s Social Security number trace. We access the most current information available and report felony and misdemeanor convictions based on applicable federal and state laws.
Federal Criminal History
Search of Federal district courts for convictions of crimes that occurred on federal property and convictions of federal laws such as tax evasion, mail and wire fraud, drug trafficking, immigration law violations and postal offenses and other federal crimes. Records further provide a criminal history from the date of disposition, release from imprisonment and parole.
National Criminal History (Database)
The National Criminal Database Search is a comprehensive search that provides access to the largest criminal database available with millions of offense records. It is a valuable information resource that may discover convictions in counties not identified in a Social Security Trace or Credit History Report if the subject did not reside in the county associated with his or her address. Records from states are indexed from state correctional institutions, sexual offender and violent offender lists, the Office of Foreign Asset Control (OFAC) and some 85 state and county court records.
County-Specific Civil History Search
This search will provide a 7-year history of civil records directly from the County Court. County Civil records are generally divided between the upper and lower courts based on the monetary amount of the claim (This figure may vary based on the jurisdiction). Civil cases commonly found at the county level include small claim, disputed contract, breach of contract, tenant eviction, real estate foreclosure, mortgage foreclosure and loan default.
Federal Court Civil History Search
Search of Federal courts for civil cases involving alleged violations of federal statutes or constitutional rights. Cases may be brought by individuals, businesses or government entities seeking monetary damages, an injunction, and/or another remedy provided by law. Case information may include the party name, case title, the court in which the case is located, case number, filing date, nature of lawsuit and closing date.
Drivers Record History
The search, in most states will reveal motor vehicle violations, suspensions, revocations, failures to appear in court, and arrest warrants. In addition, drug and alcohol related driving offenses, such as convictions for driving under the influence and possession of illegal drugs, which may not be contained in the criminal court record and can only be revealed through a DMV check. The search will also reveal the type of license granted and restrictions of use and other names used. Provides verification of specified state operator license through the department of motor vehicles. Information can include: name(s), state of issue, previous state of issue, violation, points, and current license status.
Vehicle registration records provide the VIN number, current license plate number, registered owner name, and lien holder information.
Real Property Ownership Records
Verify real estate ownership and sales. We are able to search real estate records (residential and commercial) to access property tax assessor (latest tax roll) and property transfer (deed transfers) records to find information such as the total assessed value, land value, property owner, and property sales information. The property records search may verify the subject’s current address and confirm his or her past and present real estate holdings.
An asset search can range from a simple search for real property owned by an entity or individual to a comprehensive search essential in determining the value of pursuing collection on a judgment. Typical searches include:
- Real and Personal Property Ownership Search
- Bank Account Search
- Brokerage Account/Investment portfolio Search
- Vehicle Registration Search
- Bankruptcy Record Search
- Tax Lien & Civil Judgment Search
- UCC Filings search
- Current Employment Search
- Business Affiliations Search
This search reveals articles, press releases, interviews on TV or radio, and references appearing in national and international news publications, and Internet-based sources.
Consumer Credit History
A credit history search is highly recommended for any individuals working in financial positions. The credit summary portion of the credit report contains information concerning public records (i.e., liens, judgments, etc.), collection accounts, current or previous delinquent accounts, types of credit, total indebtedness, and “profile” (i.e., account charged off, repossessed, etc.). All checks are conducted in compliance with the Fair Credit Reporting Act (FCRA) and all applicable county, state and federal guidelines and laws. Per the Fair Credit Reporting Act (FCRA) a signed release/ disclosure is required from the subject of the investigation.
Business Credit Report
The Business Credit Report provides insight about a company’s financial responsibility. Gain a current and objective financial status of how a business handles its financial obligations, conveying not only the company’s ability to pay but also its willingness to pay. Information varies with size of business and country. The report can range in size and generally contains, legal status, related businesses, financial information, line of business, branch & subsidiary offices, principal credit references, shareholders, international activity, payment history, management, banking information, corporate information, ratios/ Industry comparisons, suppliers, and public filings/ liens and judgments.
Corporate/Limited Partnership Records Search
Search Corporate Record filings including Limited Partnership information from Secretary of State Offices throughout the United States. The type of records included in the Corporate Records search are corporations, limited partnership, limited liability companies, fictitious business names, trademarks, reserved names, and more. The information provided by the particular Secretary of State may vary.
Business License Verification
We are able to verify the existence of a business license to verify the business is registered in the city where the business is located. This information will identify business owners, required permits, description of business, complaints, date the business license was obtained, phone numbers, and address. The information varies from one city to another.
Tax Liens & Civil Judgment Records
These searches reveal any tax liens and/or civil judgments identifiable with an individual or business in the particular jurisdiction where the search is performed. The search will also assist in determining the status of assets, locate lien records information on outstanding debts of an individual or business, as well as the encumbrance status of assets. Includes real property liens, tax liens, mechanic liens, and other pertinent information including judgments against an individual or business and how a lawsuit was settled.
These searches reveal bankruptcy records identifiable with an individual or business in the particular jurisdiction where the search is performed. The search will assist in locating bankruptcy records.
We are able to search county, state and federal inmate records. This search may be performed in addition to county criminal record searches.
Military Service Verification
This search will reveal the military branch of service and current military status of your Subject. Requires signed release form.
This search may reveal: industry, company overview, history, key people, products/operations, subsidiaries/affiliates. This search identifies an individual’s position with any publicly traded corporation and/or may also provide additional biographical information.
Professional/ Technical License Verification
Search professional licenses to verify the licensing status of a doctor, contractor, accountant, lawyer, or other professional to protect your business or family against potential fraud or malpractice. Use professional licenses to search the licensing agencies of various states across the U.S. to find type and statuses of licenses issued to a wide variety of professionals including architects, tax preparers, engineers, physicians, contractors based on available jurisdictions.
Sexual Offender Registry Search
Per Megan’s Law, sexual offenders must register when they relocate anywhere in the United States. There are nearly 400,000 registered sex offenders nationwide. Sexual offender registry searches are statewide and /or city wide searches of registered sex offender. Coverage is limited to specific states and cities. Individuals included in these registries have been convicted of a felony or misdemeanor sexual offense.
Terrorist Search: OFAC/CLFST,OSFI
Search of the Office of Foreign Asset Control (OFAC) of the U.S. Department of the Treasury, Bank of England Consolidated List of Financial Sanctions Targets (CLFST) and Canadian Office of the Superintendent of Institutions list (OSFI). This search will reveal the identities of foreign nationals (individuals and entities) which the U.S. government currently has sanctions against and whose assets may be blocked and are restricted from exporting goods to the U.S. by the U.S. Department of Commerce; and whom no U.S. citizen may engage in business transactions. Other information that may appear are names of individuals and/or entities that are known to be international narcotics traffickers or terrorists. This search also may be used as part of a compliance process with the USA PATRIOT Act of 2001.
Workers’ Compensation Claim History
The California Workers’ Compensation Appeals Board Search will provide the injured worker’s name, date of birth, employer and legal representation. Case information such as case number, case location, injury dates, injury type, case status and status dates, lien, claimant information and the most recent significant events may also be included. We comply with the Americans with Disabilities (ADA) Act.
Search UCC records to determine if personal or business property has been pledged or is encumbered. Use UCC records to discover the availability of assets for attachment or seizure and the financial relationship between a party and other entities.
GSA/EPLS Exclusion Search
We search the listing which identifies those parties excluded throughout the U.S. Government (unless otherwise noted) from receiving federal contracts or certain subcontracts and from certain types of federal financial and non-financial assistance and benefits. At a minimum, the EPLS indicates: full name and address of each excluded person, type of action, cause for the action, scope of the action, termination date for the action, the agency and name and telephone number of the agency point of contact for the action, and the excluded person’s DUNS, if available.
Research stock transactions and shareholders to identify and track the buying and selling of stocks by executives, directors, officers, and shareholders with more than 10% stock ownership of publicly traded companies.
The Shareholder Search provides filing information on stock holdings and transaction from The Securities and Exchange Commission (SEC), such as the Initial Statement of Ownership, Statement of Changes in Beneficial Ownership, Annual Statement of Changes in Beneficial Ownership, Intention to Sell Restricted Securities, and several other key SEC filings.
Bank Account Search
Locate active bank accounts to satisfy your judgment. We offer:
- Statewide Bank Account Search
- Nationwide Bank Account Search
- Domestic U.S. Brokerage Account Search
Account numbers are not provided to comply with various privacy laws. The type of account, financial institution branch location, and current balance (subject to security restrictions) at the time of the search are provided. This search is meant to be utilized by creditors with a judgment against a debtor. Without a judgment, banks are not required to comply with our requests.