Subcontracting PI work safely

Almost every investigator subcontracts eventually: a surveillance job three states away, a second operative for a two-car follow, an interview in a language you don’t speak, overflow during a busy month. Done well, it lets a small practice take work it couldn’t otherwise. Done badly, it’s where confidentiality breaks, reports go missing and clients get poached.

Pursuit Magazine has run several pieces on the subject, one of which opens by comparing subcontracting to “stepping off into the proverbial black hole.” This guide covers how to keep the lights on: choosing subcontractors, putting terms in writing, sharing only what the job needs, and getting everything back.

Before you hire: vet the investigator

Your client hired you. When your subcontractor makes a mistake, it’s your mistake as far as the client is concerned. Vet accordingly:

• License. Confirm the investigator is licensed where the work will happen, directly with that state’s licensing authority rather than from a copy of a card. Licensing rules differ between states, including whether a license is needed at all and whether out-of-state licenses are recognized, so check with that state’s board or an attorney if you’re unsure.
• Insurance. Ask for a current certificate of insurance showing general liability and errors-and-omissions cover, and check the dates. Some clients, particularly insurers and corporate clients, require this of everyone who works their cases.
• References. Talk to other investigators or clients they’ve worked for. Pursuit Magazine’s piece on hiring subcontractors recommends checking references and running a background check, and notes that the author’s firm hires about “one out of every five we talk to.”
• Work sample. Ask for a redacted report. It tells you how they write and whether they’ll need heavy editing.
• Security habits. Ask how they store case files, whether their laptop and phone are encrypted, and how they’d send you footage. A good answer is specific. “It’s all on my phone” isn’t.

Start new subcontractors on simple, low-stakes work before trusting them with a difficult case.

Put the terms in writing

A short written agreement for each subcontractor, plus a work order for each assignment, prevents most disputes. Common points to cover (have an attorney review your template):

• Scope and deliverables: what to do, by when, in what report format.
• Rates and expenses: hourly rate, mileage, what expenses need prior approval. Pursuit’s guidance for subcontractors themselves is to get “expense approval before incurring costs.”
• Confidentiality: case information is used only for this assignment and not disclosed.
• Non-solicitation: the subcontractor doesn’t market to or take work directly from your client. One Pursuit piece puts it plainly: all work for that client “should go through the originating investigative agency, no exception.”
• Representation: how they introduce themselves in the field and to the client, if they have contact at all.
• Evidence and records: who owns the work product, how and when it’s delivered, and that all copies are returned or destroyed at the end.
• Invoicing: when and how they bill you, so you can bill your client promptly.

Whether someone is treated as an independent contractor or an employee has tax and legal consequences. Ask an accountant or attorney about your situation rather than relying on a label in the agreement.

Share only what the job needs

This is the part most often skipped. A subcontractor watching a house for one day doesn’t need the client’s name, the full case history or your notes on the family.

For each assignment, give:

• The subject’s description, photos and vehicle details
• The address(es) and the times to cover
• What the client wants observed, and any restrictions
• How to check in and how to report

Leave out:

• The client’s identity, where the job can be done without it
• Unrelated background, prior reports and your case notes
• Anything about other subjects or other cases

Minimizing what you share is standard security practice, and it limits the damage if a subcontractor’s phone is lost or their email is compromised. The FTC’s guidance for small businesses on vendor security makes a similar point: know what information your vendors have, and make security part of the arrangement.

Share it the right way

How you send the assignment matters as much as what’s in it.

• Avoid email attachments and open folder links for case details and footage. Use a channel where you control access and can end it (see sharing files securely and choosing secure messaging).
• Confirm identity by phone the first time, especially if instructions or payment details arrive by email.
• Set an end date for access at the start, not when you remember.

Get the evidence back intact

Subcontractor footage becomes your evidence, and you need to be able to explain its history.

1. Ask for the originals, exactly as recorded, not re-encoded or trimmed versions. Trimmed clips are fine as extras.
2. Ask for hashes. Have the subcontractor compute a SHA-256 hash of each original before sending, and check it on arrival. Our guide to verifying an evidence file hash shows how.
3. Record the handoff in your chain-of-custody log: who, what, when, how it was transferred (see chain of custody for PIs).
4. Get their log with the footage, including their camera clock check (see surveillance video and photo file management).
5. Review their report before it goes anywhere, and deliver it to your client under your name and format.

End access cleanly

When the assignment is done:

• Revoke any shared folders, links or accounts.
• Ask the subcontractor to delete their copies of case information and footage once you’ve confirmed receipt, and to confirm in writing that they have.
• Note the confirmation in the case file.
• Pay promptly. Reliable subcontractors remember who pays on time.

When you’re the subcontractor

The same rules apply in reverse, and following them is how you get more work. Pursuit Magazine’s piece on subcontracting for other investigators suggests treating the hiring investigator as your client: respond promptly, clarify the assignment up front, meet deadlines, deliver finished reports, never solicit their client, and “invoice alongside your report” so they can bill promptly. Keep your own copies only as long as the agreement allows, and delete them when it says to.

A short checklist

• License and insurance verified, references checked
• Written agreement plus a work order for this job
• Only the information the job needs, shared through a controlled channel
• Originals and hashes received, handoff logged
• Access revoked and deletion confirmed at the end

Spotted an error? Tell us by email and we'll correct it.