There is absolutely no good reason to destroy notes, draft diagrams, or photographs before a litigation (civil or criminal) the potential for litigation is over.
There are however several good reasons to keep such items and freely turn them over to anyone in a litigation when asked:
1. To avoid the destruction or concealment of potential evidence. This may include evidence and potential evidence that you truly do not realize is important, but which others may consider so.
2. To avoid the appearance of impropriety, dishonesty, deception, concealment of information, concealment of errors, or lack of objectivity. The mere appearance of these issues can be detrimental to a successful case conclusion.
3. The contents of these notes, draft diagrams, and photographs can prove that your investigation was not biased, was conduced properly with objective consideration of all available data, and that you have nothing to conceal. If these items are withheld, the opposite assumption can be drawn or may well find its place in the opposing side’s closing arguments.
4. Most importantly, if inadvertent errors are made in the transcription of notes or diagrams to reports, or in the analysis of the data recorded in such items, the investigator has the opportunity to review his/her data and either adjust or confirm the analysis results.
I have asked the following question before on this Forum as well as in many lectures, and in 921 Committee meetings and have never received an acceptable answer:
What possible reason can there be for NOT keeping such items until a case is closed?
Pat Kennedy, CFEI, CFPS, MIFireE
Fire and Explosion Analyst
Sarasota, Florida
[
www.kennedy-fire.com]