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  "Developing the Profession of Investigation"

Does the term Investigator conjure up images of the romantic, thrilling, adrenaline pumping cinematic lure of Sam Spade, James Rockford and the French Connection and innumerable other fictional "super sleuths"? Certainly, there are the Sam Spades, the James Rockfords and others that are being hit over the head, breaking and entering, engaging in surreptitious or clandestine activities or relying on the "good ole boys club" as a continuing source of so called confidential information to obtain the "case breaking evidence." Regrettably, the general public's view of civil investigation and adjusting activity often coincides with this inaccurate view. We have fostered and nurtured, (mostly humorously) this fictional image. The "trade craft" of Professional Investigation and Insurance Adjusting is quite different. The real truth is 99% of what one needs in the civil sector is available through open original sources, and can be obtained with the use of a little creative, admittedly time-consuming, effort rather than undercover activities. The professional works within the laws and constitutional framework of that authorized within the jurisdiction in which he is performing an activity.

In order for this vocation to be developed into and acknowledged as a "profession" we must prepare ourselves as have other recognized professions. To achieve this goal, we must understand the definition of "profession." In the CPCU curriculum by Ronald Horn On Professions, Professionals and Professional Ethics, the issue of professionalism is very nicely addressed. According to Horn, there are seven characteristics of a profession. This article will, in part, address each of those seven from my perspective.

A COMMITMENT TO HIGH ETHICAL STANDARDS

There are numerous professional associations which promulgate high standards of ethics, such as the Council of International Investigators (CII); National Association of Independent Insurance Adjusters Association (NAIIA); California Association of Licensed Investigators (CALI); National Association of Legal Investigators (NALI); Investigative Reporters and Editors (IRE); Consumers Attorneys of Los Angeles (CAALA); American Bar Association (ABA) and various other specialty trial lawyers associations to name but a few. Strong, proactive disciplinary committees of our peers seems to be essential and consistent with a professional standing and should be organized. The proposed peer disciplinary committees should be separate from and independent of the various state regulatory agencies such as in the State of California Department of Insurance and the Department of Consumer Affairs. A closer, mutually beneficial relationship needs to be established with these governmental oversight departments. The cost to maintain one's professional standing and licensing may need to be increased and on a par with other professional groups so the associated cost to maintain the infrastructure for professionalism can be supported.

A PREVAILING ATTITUDE OF ALTRUISM

Additionally, a profession-funded marketing, underwriting, financial, career and retirement safety net for the investigative profession needs to be initiated. A credit union, banking and savings associations with charters favorable to this developing profession ought to be developed. Medical coverage and life insurance polices which have reasonable group premiums with higher than "perfunctory" payoff benefits, to mention a few, if developed, could be most beneficial. Further, a benevolent fund to assist the unfortunate practitioner or the surviving widows and dependents could also be considered in the event of premature, unanticipated, unprepared for death. The Association of Retired Persons (AARP) could serve as a model program.

MANDATORY EDUCATIONAL PREPARATION AND TRAINING

Currently, the achievement of a certain limited amount of on-the-job experience is required prior to an individual being allowed to test for the designation of an investigator or an insurance adjuster. A degree awarding university level, formal, in depth, comprehensive core of academic study needs to be developed as an additional prerequisite prior to licensure. (The only one currently in operation today is in Australia.) This should be followed with a rigorous exam designed specifically for investigators and adjusters and the various specialties of knowledge for licensure to practice and solicit employment or assignments.

CONTINUING EDUCATION

A continuing education requirement to maintain a professional license to practice should also be initiated, again much like other recognized professions. Thus far, each organization associated with either insurance adjusting or investigation has a professional designation representing that organization's perception of a minimum standard of knowledge and skills that must be met to continue affiliation with that organization on an annual basis. However, on a national level, there is not a consistent universally accepted continuing education and skill development requirement. A national standard needs to be developed based on input from these already established, hard-working, knowledgeable groups. Every investigator and adjuster working in this developing profession today should support a far more stringent, widely known baseline of knowledge, skill and ethics upon which a prospective client can rely.

A FORMAL ASSOCIATION OR SOCIETY

Most investigative and insurance adjusting professional associations offer a myriad of benefits, including exhaustive, mostly volunteer proactive legislative lobbying, educational, and networking benefits. The associations provide these services for little more than nominal annual dues. Membership in one or more should be encouraged. Alternatively membership in a national association might be required in order to practice on an interstate basis. National membership would signify achievement of a generally recognized baseline level of knowledge and skill and adherence to a standard code of ethics. Further, elevating the association to a national level with a large broad base of membership provides a foundation for endorsement by related professional organizations, adds prominence, connotes unity of purpose, and, facilitates access to federal legislative bodies and accepted governmental lobbyists. This, in turn, provides for unity of voice and vote for addressing pertinent issues affecting the investigative profession. With diligent effort and compromise, the national association could be developed out of the existing local groups and act as the standard and umbrella for local affiliated organizations without infringing upon their turf. In Europe, in the investigative profession, there is an established Investigative Organization of Organizations which acts quite similarly to that suggested.

INDEPENDENCE

One must present himself professionally, speak and act professionally, continue to be educated and educate the client about what it is that needs to be done and how it is to be done legally through open original sources. We need to remove the smoke and mirrors, lose the jargon (except among ourselves) much like the attorney, the doctor, the certified public accountant. In short, learn to walk the walk and talk the talk all with a foundation of knowledge, skill and ethics in each and every specialty, sub specialty of investigation and adjusting, (e.g., civil, criminal, domestic, fraud, stalker identification, interdiction and redirection as well as competitive intelligence gathering and counter measures as well as litigation support services.) The professional remains objective, conducts himself with integrity and thus is able to see and think through the matters assigned, determine what really needs to be done, clearly, and in the best economic interest of the client. The professional also recognizes when the cost to learn certain knowledge exceeds the value of the matter at hand from an economical return on investment perspective. When the professional determines that cost will exceed value, he should inform the client. The professional will recommend the efforts be discontinued without being instructed to do so, regardless of financial consequences to the professional. The opposite of this is true as well. When additional effort is required to obtain the necessary knowledge to properly develop the matter being handled, the professional will so inform the client. Again this is regardless of financial consequences to the practitioner thus allowing the client to opt in or out of the proposed additional effort.

PUBLIC RECOGNITION AS A PROFESSION

Individually and as a professional group, start developing sources for better press relations with all media, including print, video, film, industry, trade and other similarly situated organizations such as Investigative Reporters and Editors (IRE), Society of Competitive Intelligence Professionals (SCIP), American Trial Lawyers Associations (ATLA), American Bar Association (ABA) or National Association of Television News Editors (NATE), all of which are committed to the use of legal and ethical techniques by their members. Concurrently, it may be productive to reach out to these same organizations to avoid or minimize one-sided, slanted, part truth, part fiction reporting of adverse news about those rare, but highly publicized situations when those in this developing profession make glaring errors in judgment, such as that which was recently highlighted in a 60 Minutes program on the Church of Scientology.

CONCLUSIONS:

This is a dynamic profession encompassing fields as diverse as products liability, medical or other professional malpractice, insurance, fraud, accounting, surveillance, criminal activity, personal injury, contracts, stalking interdiction, competitive intelligence gathering and counter measures. You have that rare element of doing, discovering, and learning something different each and every day. Insurance Adjusting and Civil Litigation Investigation can provide you with the opportunity to play an integral, pivotal role in many high profile, complex, catastrophic matters regardless of whether you represent a defendant or a plaintiff.

On a personal note, I have had the benefit of working with and learning from the finest, most dynamic and gifted creative minds in each of these fields. It is a wonderfully rewarding career. I can only imagine and savor the thought of what the future holds as we succeed in perfecting these concepts and progress in transforming this perceived vocation into a well recognized profession.

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