Investigators efforts when hired by attorney

Investigators efforts when hired by attorney

Coito v. Superior Court (2012), 54  Cal.4th 480    [dictum discussed witness statements and suggested efforts of investigator must reflect attorney initiative or thoughts]

2,022 Ranch, LLC v. Superior Court (Chicago Title Ins. Co.)
(2003), 113 Cal. App. 4th 1377  [“Chicago Title objected to questions to the adjuster Look concerning her interviews with third parties (the escrow company and the seller’s agent) as part of her investigation. These questions concerned her factual claims investigation and do not constitute attorney-client communications or attorney work product.”]People v. Collie (1981), 30 Cal.3d 43, at p. 59 [“Nobles also persuasively reasons that the privilege should extend not just to the attorney’s work product, but to the efforts of those who work with him to prepare the defense: “At its core, the work-product doctrine shelters the mental processes of the attorney, providing a privileged area within which he can analyze and prepare his client’s case. But the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys must often rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect material prepared by agents for the attorney as well as those prepared by the attorney himself.” (Id. at pp. 238-239 [45 L.Ed.2d at p. 154].) We conclude that the work-product doctrine applies to criminal cases and protects the work product of defense investigators.”]

Rodriquez v. McDonald Douglas (1978), 87 Cal.App.3d 626 at p.647-48

Southern Pacific Co. v. Superior Court (1969), 3 Cal.App.3d 195 at p.198 [ Protected per dictum not disapproved in Kadelbach ]

Mize v. Atchison, Topeka & Santa Fe (1975), 46 Cal.App.3d 436 at p. [Court assumed investigators reports were work product and compared them to expert’s reports but found waiver because the investigator was to testify ]

Brown v. Superior Court (1963), 218 Cal. App.2d 430 at p. 437

Suezaki v. Superior Court (1962), 58 Cal.2d 166, 178 at p. 177 [films taken by investigator hired by attorney solely for trial prep and intended to be confidential are work product but not privileged as a matter of law; court discretion must be exercised with qualified work product ]

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William Monroe LPI, CCDI, CFSI

bill-monroe

William A. Monroe is the Director of Investigations/Qualified Manager of W.A. Monroe & Associates Security Consulting and Investigations.  Monroe was born in Connecticut, and after graduating high school began a career in the Security Police Career field with the United States Air Force. During his time with the Air Force, he served in several law enforcement and Security capacities including canine handler, trainer, kennel master, Security force supervisor, Patrol supervisor, Desk Sergeant, Federal executive and dignitary protection detail supervisor, Special Investigations Joint Drug Enforcement Team member, Anti-Terrorism response team leader, and Department of Defense vulnerability and risk assessment team leader.  Bill is a diligent and highly skilled Security, Law Enforcement, and Investigations professional with a broad understanding of the criminal justice system. Bill is a consummate professional, with a proven track record investigating criminal, family law, and plaintiff negligence cases.  His passion for the Constitution and the legal process, coupled with his strong desire to seek out the truth in every case are unparalleled.

Bill is a California Licensed Professional Investigator with over 10 years of professional investigative experience, ranging from insurance fraud investigations, felony three strike cases, to capital murder cases.  Bill is an expert in criminal defense investigation and specializes in capital case mitigation, police procedure and use of force, K-9 search and seizure, and K-9 narcotics and explosives detection. He has superior investigative abilities coupled with comprehensive skills in forensic interviewing, forensic photography, crime scene examination, blood spatter detection, recognition, and analysis, and preparing and presenting accurate facts.

          Bill is a Criminal Defense Investigation Training Council (CDITC) board trained and certified Criminal Defense Investigator CCDI.  He is also a CDITC board trained and certified Forensic Science Investigator (CFSI).   He is currently pursuing his certification as a CDITC board trained and certified Forensic Interviewer (CFI-FTER).  Monroe completes 12-24 Continued Learning and Education (CLE) credits per year.
          Bill  serves on the faculty and training advisory board as the CDITC Western Regional Director and is a faculty cadre Instructor for the Criminal Defense Investigation Training Council (CDITC), Center for Investigative Studies.
          He holds an Associates of Science degree (AS) from the Community College Of The Air Force in Police Science/Industrial Security.  He holds a Bachelors of Arts (BA) degree from Ashford University in Social and Criminal Justice.  Bill  is currently pursuing a Masters of Science degree (MS) in Criminal Justice with a specialization in Forensic Science from Ashford University with 22 credits remaining.