"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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