All investigative findings furnished to CLIENT are exclusively for CLIENT’S own use or CLIENT’S ATTORNEY(S). AIS will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT. MCL 338.840 of the PROFESSIONAL INVESTIGATOR LICENSURE ACT; Act 285 of 1965, does not permit a Licensed Professional Investigator to divulge information to anyone without CLIENT’S consent.
Furthermore, there is case law that supports the CLIENT’S rights: People of the State of Michigan, Petitioner-Appellee, v. Artis White (Licensed Professional Investigator), Respondent-Appellant. The plain language of the statutory privilege, M.C.L. §338.840(2), precluded the trial court from ordering respondent’s private investigator to turn over information obtained during the course of his investigation and in accordance with the assignment for which he was retained. There is no statutory exception that permits the trial court to set aside the privilege on the prosecutor’s showing of need. Accordingly, the trial court committed error requiring reversal in authorizing the issuance of an investigative subpoena directing respondent’s investigator to provide all information obtained during his investigation for an in-camera review and possible disclosure to the prosecutor. In light of our resolution of this issue we decline to review respondent’s alternative argument for reversal regarding the work-product privilege.
Please keep in mind that AIS likely has multiple cases open and may or may not return a missed call because of this. Feel free to leave a detailed message with name, phone number and best times for us to return you missed call. We commonly work “odd hours”, so we periodically can speak to you at times other typical businesses cannot.