This post is the fourth and final in a series designed to establish a comprehensive understanding of when, why, and how to leverage investigations and the use of professional, licensed investigators to achieve your brand protection objectives. We previously explored:
- Time for an Investigation? 10 Points to Ponder
- Should You Outsource to a Professional Investigator (PI)?
- Vetting & Selecting a Qualified Professional Investigator (PI)
Building upon this foundation and based on over 20 years of experience in the investigations industry, below are 10 best practices to ensure your collaboration with your chosen investigator is not only set up for success, but effectively executed from start to finish.
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Define Clear Objectives
Disclose What You Know or Have Done
Establish a Chain of Command & Communication Cadance
Discuss Investigation Timing
Set a Budget
Anticipate Unforeseen Outcomes
Utilize Evidence Effectively
Evaluate & Modify Strategy
CPost-Investigation Actions
Leverage Investigator Skills & Knowledge
Define Clear Objectives
Before initiating an investigation, clearly define your goals. Consider what you want to achieve, uncover, and confirm. Your objectives provide direction for your investigator and ensure their efforts are aligned with your needs.
Think about the bigger picture: What is the true end game? Understanding how you plan to use the investigative findings can be invaluable. Sharing the overarching situation with your investigator may open up opportunities to suggest or explore other avenues of intelligence you might not have considered. Leverage your investigator’s fresh perspective and expertise to gain insights you may have overlooked. Additionally, how you intend to apply the results may influence the investigative approach, so clarity on this front is key.
For example, while a trademark use investigation is often relatively straightforward, if your plan involves filing an expungement or reexamination proceeding under the Trademark Modernization Act (TMA) of 2020, it is crucial to communicate this upfront. The documentary evidence and reporting process required for such proceedings are more rigorous than those typically prepared in a standard use case. Providing this context early on ensures the investigation is conducted efficiently and meets the necessary standards from the outset.
Disclose What You Know or Have Done
Before engaging an investigator, it is common for some initial research to have been conducted. Provide a summary of any relevant details or context that may help establish a foundational knowledge base, particularly if the information is not easily accessible or publicly available. These data points, along with your case objectives, will serve as critical elements that your investigator will either seek to confirm or challenge during the investigation.
Even though your investigator may begin by retracing the research paths you or your internal resources have already explored, sharing your prior findings can expedite the initial phase of the investigation. This allows your investigator to dive deeper, faster, and helps identify any potential discrepancies early on. Do not worry if you have not verified every fact—these initial insights are simply starting points for the investigation.
It is also important to disclose any prior contact with the subject of the investigation (or their counsel), particularly as it relates to your case objectives. If the situation is contentious or if you have specific concerns about anonymity, inform your investigator. While this may not change their approach, it ensures that your concerns are addressed with the appropriate level of attention and discretion.
For example, if you or your client has already reached out to a domain or social media handle owner to express interest in acquiring their asset, regardless of whether a response was received, it is crucial for your investigator to know this before initiating an anonymous acquisition effort. Providing this information upfront ensures the investigation is conducted with full awareness of the situation, ultimately leading to a more effective and informed strategy.
Establish a Chain of Command & Communication Cadance
Identify the Point of Contact (POC) from whom your investigator will receive instruction and to whom your investigator will report. Although others may be included in e-mail correspondence, a clear go-to will minimize uncertainty when questions or unexpected obstacles arise.
If a quick decision or answer is needed while your investigator is in the field or outside regular business hours, decide how you will communicate in those instances (i.e., call, e-mail, text). Ensuring that all parties are clear on the best route for urgent answers or in high-stress circumstances saves time and alleviates miscommunications.
Communicate your preferred update cadence to ensure you receive information when it is most useful for your workflow. For example, if you have weekly client calls or internal meetings and need the latest details, inform your investigator so they can align with that schedule.
Choose the best interval—whether daily, weekly, bi-weekly, or otherwise—and agree on the format, whether through detailed reports, summary e-mails, or scheduled calls. Establishing this cadence helps keep everyone aligned, supports timely adjustments, and maintains efficient workflows, all while balancing meaningful updates and avoiding unnecessary pings to your Inbox.
Discuss Investigation Timing
When planning an investigation, it is important to consider the optimal timing in relation to the broader context of your case. Make sure all involved parties are aware of any time sensitivities or impending deadlines. While immediate action may sometimes be necessary, it is often more effective to wait until the investigation is complete and the relevant evidence is thoroughly gathered. If certain aspects of the case require more urgent attention, communicate this to your investigator so that those efforts can be prioritized accordingly.
Being proactive is generally more advantageous than being reactive. Whenever possible, initiate investigations before the subjects are alerted (e.g., before sending a warning letter, takedown notice, cease and desist, filing a lawsuit, or before the subject retains counsel). This approach reduces the risk of evidence being destroyed, hidden, or otherwise compromised. It also allows for more effective planning, particularly if undercover dialogue or other sensitive tactics are required, that may no longer be feasible or legal once the subject is represented by counsel.
Investigations require time and patience. Whenever possible, authorize the investigation with sufficient lead time to allow the process to unfold naturally, in line with your investigator’s recommended turnaround and pace. While we live in an era of instant gratification, where services like Amazon Prime have conditioned us to expect same-day delivery, rushed investigations—though feasible and frequently carried out—can lead to increased stress and may result in less thorough findings. Allowing the investigation to mature ensures more comprehensive and reliable results, ultimately supporting stronger case outcomes.
Set a Budget
Based on the target objectives, establish a budget for the investigation and obtain cost estimates as needed. No one likes surprises when receiving an invoice, and the same goes for the sender—unexpected questions or concerns can be avoided by ensuring everyone is clear on expectations from the start. If the trajectory of the case is unknown, as is common, the budget may need to be flexible or based on a targeted range.
For matters with a variety of potential investigative paths dependent on findings, we will provide cost estimates in phases, outlining anticipated deliverables with estimates at each phase, to help set a course and align expectations.
It is important to consider that frequent updates, interim reports, or rapid response deadlines can increase costs, especially if daily communication or urgent requests are involved. By addressing these factors upfront, you can align your budget and the related estimate parameters to suit your needs, ensuring everyone is on the same page.
Anticipate Unforeseen Outcomes
Investigations, much like legal proceedings, come with inherent uncertainties and can yield unexpected results. Just as a court case may not always result in the desired verdict, an investigation may challenge or overturn your initial assumptions or beliefs. If there were not some surprises along the way, there would not be a need for an investigation in the first place. Despite thorough planning and diligent efforts, be prepared for a potential plot twist or for the investigation to fall short of its intended goals in terms of answers, timeline, or budget.
While there are no guarantees in the investigative process, the ultimate goal is to uncover the truth—even if it is not what you hoped to find. Maintaining clear and consistent communication helps manage expectations and reduces the impact of any undesirable or unexpected outcomes. By staying informed and adaptable, all parties can better navigate the uncertainties that may arise.
Utilize Evidence Effectively
To ensure the success of your case, it is crucial to handle evidence with the utmost care and precision. As referenced within defining case objectives, discussing your intentions with your investigator helps ensure that all evidence is documented and preserved appropriately. If the evidence is intended for litigation, confirm that it is collected and managed in a way that will be admissible in court.
At the conclusion of the investigation, make sure to retain a complete copy of your investigator’s final report, along with all related evidence (e.g., sample purchases, digital screen captures) and the chain of custody, if applicable. This is especially important in case you encounter a repeat offender or if a similar situation arises in the future.
In today’s digital age, where sharable links, drives, and files are common, be diligent about downloading and saving the complete report and all associated materials locally at the conclusion of the case. Sharable links often expire or are password-protected, so having a local copy ensures that you have access to everything when you need it.
If you receive physical evidence, such as a sample purchase, a chain of custody should accompany it to guarantee its integrity, particularly if the case might lead to civil or criminal proceedings. Upon receiving the evidence, promptly sign the chain of custody form and return it to your investigator to maintain proper records. Store the evidence in a secure location and clearly document where and with whom it is stored, especially if the case might change hands.
For an investigator, few things are more concerning than receiving an e-mail months later from a client asking where the evidence is, especially when it was confirmed as delivered to the client’s office. Ensuring proper documentation and secure storage of evidence not only protects your case but also streamlines any future actions that may be required.
Evaluate & Modify Strategy
Stay flexible as the investigation progresses, ready to adapt to unexpected developments. Be open to revising your strategy and prepared to pivot when necessary. Remember, evidence can be found both in what is present and what is absent. The ability to shift direction is essential for making strategic decisions that fully leverage new facts and insights.
If your investigator has a comprehensive view of the case, they might have valuable ideas or suggestions based on their experience and knowledge of alternative avenues to explore. However, not all clients are receptive to unsolicited feedback. If you are new to working together, do not hesitate to invite their input. There may also be specialized or advanced investigative techniques worth considering. Engaging in open dialogue and brainstorming with your investigator can unlock new strategies that could significantly benefit your case, ensuring that both parties are aligned and confident in the approach.
Post-Investigation Actions
Prepare for the steps needed after the investigation concludes. Depending on the results, these actions may include initiating criminal or civil proceedings, implementing internal measures, or informing key parties for their review and response. Follow through on the selected course(s) of action to maximize your Return on Investment (ROI), whether the benefits are immediate or realized over time.
As mentioned earlier, ensure that you have downloaded and securely saved the final investigative report along with any relevant attachments, documented the location of any physical evidence, and completed the chain of custody, returning a copy to your investigator if applicable.
Additionally, it is a bonus if you share the outcome with your investigator, letting them know how the case turned out or how the investigative results supported the chosen course of action. Unless it is a civil or criminal case where we are involved until the verdict is read, settlement reached or it hits the headlines, we rarely hear how things went, and greatly appreciate feedback on what was done well or where improvements could have been made.
Leverage Investigator Skills & Knowledge
Tap into your investigator’s seasoned expertise and unique insights to elevate your efforts. Their advice and guidance are invaluable resources, allowing you to fully capitalize on their extensive experience. Building and developing that trust with your investigator is easy when you have done your due diligence to choose a highly qualified professional.
Exceptional results in investigations often arise from strong teamwork. As investigators, our core motivation is to uncover the facts, seek the truth, and achieve success by gathering compelling evidence that strengthens and advances your objectives. There is nothing more rewarding than a well-executed investigation that seamlessly leads to decisive action, holding bad actors accountable and creating satisfied clients.
Effective investigations require careful planning, flexibility, and collaboration with credible, experienced professional investigators. By following these guidelines, you can ensure that your investigations are impactful, timely, and well executed. For more insights, be sure to review considerations when evaluating a potential investigative need, the benefits of engaging PIs, and the qualities to look for when selecting such experts.
