Should you hire a private investigator to spy on your opponent?

In the recent case of Stephen Slesinger, Inc. v. Walt Disney
Co.,(Cal.App. 2 Dist.) the Plaintiff saw it's case dismissed for
deliberate and egregious conduct. The Plaintiff had hired a private
investigator who tresspassed on the defendant's property and removed
confidential documents from trash bins.

While this is an extreme example of how spying on your opponent can
backfire, one should always think carefully about hiring an investigator
to initiate surveillance on the opposing party. This tactic has become
very poplular in personal injury cases where the defendant just doesn't
believe that the plaintiff is as injured as badly as he says. Sometimes,
you do hit the jack-pot. Often times though what you get is a hard to
see video of a plaintiff merely walking to his car. One of the attorneys
in this office actually had the experience where the video was actually
of the plaintiff's really large and masculine looking wife. The judge
laughed out loud when the wife showed up at trial and identified herself
on the video-tape.

The key is to balance how sleazy will you look for spying on your
opponent, compared to any useful information you might gather. Each case
should be analyzed carefully before determining to go forward with the
expense of a private investigator.

Jeanelle Lust
Managing Partner
www.knudsenlaw.com