The terms ‘investigation’ and ‘intelligence’ are often used interchangeably when describing the services provided to attorneys by licensed private investigation firms. The skills and methods are similar, and both investigation and intelligence provide information required to prepare a case for trial. However, there are subtle differences in the information provided in an investigative report and an intelligence report.
An easy way to look at it is that an investigation gathers evidence to produce at trial. Intelligence products can also do that, but they provide additional confidential information to aid in planning and strategy development and fall squarely under attorney work product privilege.
A fact investigation, as it is named, focuses solely on the facts of the case. An intelligence report processes and analyzes the facts but adds an additional layer of assessment. Intelligence officers and military special operations personnel receive training in analyzing psychological factors and patterns of behavior. We use these factors to assess the strengths, vulnerabilities, and motivations of your opponent. Based on this information we can make educated assessments about how they may behave during litigation, predicting behavior and identifying opportunities for your trial strategy.
Another way to look at it is that intelligence provides a 360-degree picture of your environment and helps you make decisions in ambiguous or uncertain conditions.