Comments on: Investigative Notes: Keep Them or Destroy Them? http://pursuitmag.com/investigative-notes-keep-them-or-destroy-them/ A Magazine for Private Investigators and other Investigation Professionals Mon, 21 May 2012 18:37:40 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Jay Groob http://pursuitmag.com/investigative-notes-keep-them-or-destroy-them/#comment-418 Jay Groob Sun, 26 Jun 2011 14:00:39 +0000 http://pursuitmag.com/?p=11489#comment-418 I no longer keep my notes but had previously done so for the reasons reflected by Ricky. This is based upon a 2006 decision here in Massachusetts, Comm. v. Durham- http://tinyurl.com/5udzeju. This decision changed defense attorneys thinking about requesting written reports from investigators. More often then not, the defense attorney client's that I work for now request that I only provide them with verbal notification since a judge can order reciprocal discovery and compromise the work product doctrine, including investigatory notes. "The court also held that the order did not violate the work product provision contained in rule 14(a)(5), and it declined to extend the work product doctrine to encompass a situation, almost impossible to identify, where a witness statement "seem[s]" to reveal the mental processes of the defense "by virtue of the areas covered" Jay Groob I no longer keep my notes but had previously done so for the reasons reflected by Ricky. This is based upon a 2006 decision here in Massachusetts, Comm. v. Durham- http://tinyurl.com/5udzeju. This decision changed defense attorneys thinking about requesting written reports from investigators. More often then not, the defense attorney client’s that I work for now request that I only provide them with verbal notification since a judge can order reciprocal discovery and compromise the work product doctrine, including investigatory notes.

“The court also held that the order did not violate the work product provision contained in rule 14(a)(5), and it declined to extend the work product doctrine to encompass a situation, almost impossible to identify, where a witness statement “seem[s]” to reveal the mental processes of the defense “by virtue of the areas covered”

Jay Groob

]]> By: Ricky Gurley http://pursuitmag.com/investigative-notes-keep-them-or-destroy-them/#comment-417 Ricky Gurley Mon, 07 Mar 2011 17:27:03 +0000 http://pursuitmag.com/?p=11489#comment-417 Do you REALLY know that only 40% of your notes would fall under the Work Product Doctrine? I mean after all, ultimately isn't that a determination for a Judge to make? I wrote an article on my blog about The Work Product Doctrine. The article I wrote was written from a lively debate amongst some very seasoned Private Investigators; some with over thirty (30) years in the business. I believe it is a good read, and you can find it here: http://bit.ly/fto5J4 I keep my notes for many reasons: (1) Destroying them DOES invite a lot of questions. (2) To me the notes are almost as important than the information that I gather and the reports that I write; when I consider that there is often information that is in those notes that is not in the reports that I write or the information I have gathered, they become even more important than the information I gather and the reports that I write. (3) There is no need to destroy carefully written, well thought out notes. Yes, you should be taking the time to figure out how to carefully write and structure your notes, even if you are writing or RECORDING them "on the fly". (4) If your notes are truthful, and they are accurate representations of what occurred in the field, why destroy them? I know that reason can also fit under reason number one (1). Just my thoughts on the matter. Ricky Gurley. Do you REALLY know that only 40% of your notes would fall under the Work Product Doctrine? I mean after all, ultimately isn’t that a determination for a Judge to make? I wrote an article on my blog about The Work Product Doctrine. The article I wrote was written from a lively debate amongst some very seasoned Private Investigators; some with over thirty (30) years in the business. I believe it is a good read, and you can find it here:
http://bit.ly/fto5J4

I keep my notes for many reasons:

(1) Destroying them DOES invite a lot of questions.

(2) To me the notes are almost as important than the information that I gather and the reports that I write; when I consider that there is often information that is in those notes that is not in the reports that I write or the information I have gathered, they become even more important than the information I gather and the reports that I write.

(3) There is no need to destroy carefully written, well thought out notes. Yes, you should be taking the time to figure out how to carefully write and structure your notes, even if you are writing or RECORDING them “on the fly”.

(4) If your notes are truthful, and they are accurate representations of what occurred in the field, why destroy them? I know that reason can also fit under reason number one (1).

Just my thoughts on the matter.

Ricky Gurley.

]]> By: Derailed by Details? Memory Tips for the Long Haul | Pursuit Magazine http://pursuitmag.com/investigative-notes-keep-them-or-destroy-them/#comment-416 Derailed by Details? Memory Tips for the Long Haul | Pursuit Magazine Fri, 31 Jul 2009 19:17:36 +0000 http://pursuitmag.com/?p=11489#comment-416 [...] notes and thoughts’ successfully,” he remembered but now he tells other investigators to always destroy original notes after the final report is [...] [...] notes and thoughts’ successfully,” he remembered but now he tells other investigators to always destroy original notes after the final report is [...]

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