Stage 5: Report

Report generation, and details provided within the investigative report, will depend upon the client and the case being investigated. For the purposes of this section and aiding the legal investigator, all common components and details are covered, and any expansion or omission is le· to the readers based upon their experiences, preferences, and those of their attorney-client. For example, in some jurisdictions the investigative report in civil litigation is discoverable-it should not be considered exclusively attorney work-product privilege. It is not unusual for the attorney-client to request no reports, or reports that only contain supporting and mitigating information-never con¸icting or aggravating information. ‚is is not dishonesty-it is protecting their client and not disclosing to the opposing council what may be of benet to them. ‚is may include no memos, emails, faxes, or other written communication prior to consulting with the attorney-client. O·entimes this negative information will be reported to the attorneyclient only verbally, in person or by telephone. In criminal defense assignments the investigative report and work of the investigator is attorney work-product privilege and is generally not discoverable, except under specic circumstances. ‚is does not mean that the legal investigator’s report will not make it to the prosecution, judge, or jury. ‚e legal investigator may be asked to provide any number of various reports for specic purposes: a redacted or condensed report for presentation to the prosecution that demonstrates the strengths of the defense and weaknesses of the prosecution, a report detailing a witness unable to testify, or for the impeachment of a witness. In the event that the legal investigator is expected to testify, the investigative reports may be admitted to support the legal investigator’s testimony, or referred to by the legal investigator to

refresh his or her memory. John Lajoie, CLI, has detailed rules for the legal investigator testifying. With regard to reports, he states:

‚e key is to be prepared as the legal investigator’s report-representing investigative skills and knowledge-and complete case analysis has the potential to be read and scrutinized by many. ‚e legal investigator’s report will be scrutinized in the same manner as was the opposing party’s work product in the course of this investigative protocol.