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Fact finders don’t find facts. They judge facts or interpret facts, but you find facts by coordinating the case investigation. It is on the foundation of properly deployed resources and meticulous organization that winning cases are built. The side that best displays mastery of the facts holds the seat of power in litigation, settlement or negotiation. Every lawyer needs to sharpen essential practice skills with an eye toward new opportunities — and potential pitfalls — for every case file. Crafting and Conducting Successful Legal Investigations goes well beyond “brushing up,” by taking a fresh look at investigative routines too often taken for granted. Tap into Villaume’s 35+ years of experience as a legal investigator, probation officer, author, speaker and precedent-setting trial lawyer. Enjoy an action packed day covering the essentials of detailed legal investigation techniques and strategies from initial case analysis and the beginning of the case preparation through winning case presentation. The key to your success — and your ability to influence a successful resolution for your client — hinges on the creativity, detailed planning and successful implementation of the case investigation.
Villaume has served as a special investigator for a government agency; as a probation officer who conducted more than 1,000 background investigations ;and in his 29 years as a trial lawyer, he has coordinated thousands of fact investigations. His uniquely successful background and expertise, coupled with an easy going, focused and intensely practical teaching style, have earned praise from clients, judges, teachers and police officers.
Program Highlights
- How to establish the investigative plan and avoid common mistakes.
- See techniques and strategies for interviewing witnesses.
- Learn the advantages afforded by electronic legal investigation.
- Find out how to select and use a legal investigator
- Discover how to obtain critical information from key witnesses.
Program Outline & Schedule
(6 hours, including 1 ethics)
[Part 1: 90 minutes] Establishing an Investigative Plan - Type of case
- Known facts & circumstances
- Statute of limitation and timing of investigation
- Independent legal investigator and/or in-house investigator
- Case analysis and legal theories
- Steps to a successful investigation
Scope of the Investigation - What investigation is needed?
- General legal investigative techniques
- Types of witnesses
- Need for experts
- Common investigation mistakes
[15 minute break]
[Part II: 90 minutes]
Methods of Investigation - Background investigations
- Skip tracing
- Financial investigations
- Electronic database investigations
- Pretext investigation
- Undercover investigations
- Surveillance
- Forensic photography
[Lunch]
[Part III: 90 minutes] Witness Interviews - Interview techniques and statement
- Formal vs. informal statements
- Who should be interviewed and why
- Purpose of statements
- Types of statements
- The interview process
- Memorializing the interview
- Special problems with witnesses (children, the elderly, mentally challenged)
[15 minute break]
[Part IV: 90 minutes] Public Sources of Information - Government records
- Military records
- Business records
- Legal databases
- National safety standards
- State licensing records
- Working with law enforcement
Lawyer Integrity, Ethics and Investigation - Rule of professional conduct 4.2
- Rule of professional conduct 4.3
- Attorney client privilege and investigation
- Lawyer work product privilege and investigation
- Discovery and case investigation
[Adjorn]
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