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Re: Destruction of notes and data -921 LEGAL CHAPTER REFERENCES
Date: February 21, 2007 02:00PM
Pat:
Out here in the 9th Circus, things are different. In 23+ years in the business, I have never heard of, either in any case I have been involved in nor from other investigators, where this issue has ever been one. The question has come up before but handled just like with digital photographs. Is the content a true and accurate depiction of the scene? Is the report a true and accurate based upon the all the information contained within your notes? If you receive a subpoena for your notes and you don't have any, then it can be argued both ways that you have techincally complied with the requirements of the subpoena.
Even out here in Oregon, one of the few remaining Trial by Ambush states left, opposing sides are NOT entitled to any discovery in civil suits. You can also NOT depose an expert, unless both sides agree, and you are not entitled to any reports or the like, again unless both sides reach an agreement for such. You have no clue what the other side is going to say or how they reach their conclusions until they get to the stand.
One other reason to not keep notes, is many times investigators use symbols or shorthand to explain certain things that have meaning to them. For example, I know several investigators that use interchangeably (delta) for shorthand for fire and also for change. Others I know use a symbol fire and an uparrow sumbol to mean fire flashover. Without the author transcribing notes themselves, armchair quarterbacks can and have inappropriately interject their own interpretations on what they think the author means.
I agree with Jim that this is a personal issue. Whichever side of the coin you sit, the most important thing is to stay consistent with your policy. As one author said (paraphrasing), in our society one is presumed innocent until proven guilty. Suggestions of impropriety can always be raised by opposing counsel but just as easily dismissed if the investigator has any brains.
FYI: As you are also aware, PI laws in many states already require licensed PIs to keep a case files for X number of years (Oregon by Statute is 7 years minimum), but does not specify what is to be included inside. We are required to give the client a written report if so instructed, but there is no requirement specifying the exact content of such a report. Also, in this state, the client is the only one legally entitled (by state law) to the content of the file, and release of confidential information to anyone other than the client, may result in your PI license being suspended or revoked.
Just my two-cents.
Chris