7.3 Notes, Reports, Corrections & Disclosure

Notes, Reports, Corrections & Disclosure

A report should allow a reader who was not present to understand what was requested, what was done, what was found, and what remains uncertain. It is not advocacy disguised as observation.

Field notes

Make notes contemporaneously when safe. Record date/time/zone, location, persons, source, exact important quotations, media references, gaps, and follow-up. Distinguish what the investigator saw from what someone said.

Use durable case identifiers and controlled storage. Personal shorthand should be explained when important. Do not destroy rough notes merely because a polished report exists; apply the company policy, client agreement, counsel’s preservation direction, and applicable legal duties.

Report structure

A useful report includes:

1. case and assignment identifiers;
2. client-approved objective and scope;
3. investigator and coverage dates;
4. methods and sources;
5. chronological activity or topic findings;
6. exhibits and media index;
7. limitations, gaps, and unresolved conflicts;
8. conclusions only within the investigator’s competence; and
9. certification or signature appropriate to the company process.

Rule 1175-04-.08 provides that, on request of a client in good standing, the licensee must submit a written report including relevant information obtained in the investigation. “Relevant” does not mean burying an adverse fact or flooding the client with unrelated sensitive data.

Objective language

Write observable detail:

• “At 10:14, the subject walked from the porch to the mailbox without using the cane.”
• “The Davidson County docket showed the charge dismissed on June 2; a certified disposition was requested.”
• “The neighbor stated she last saw the subject in March; the statement was not independently confirmed.”

Avoid:

• “The claimant is a fraud.”
• “The defendant is obviously guilty.”
• “The witness lied because he looked away.”
• “The database proved the home address.”

Medical, vocational, accident-reconstruction, digital-forensic, and legal opinions may require separate qualifications. State facts and methods; do not adopt the client’s conclusion.

Source attribution

For each important fact, identify the source and access date. A report may contain:

• investigator observation;
• witness statement;
• client-supplied information;
• public record;
• commercial database lead;
• technical analysis; or
• inference from several items.

Label them. A client allegation remains an allegation until supported. A quoted public record can contain an allegation too.

Time and measurement

Record clock source and known variance when precision matters. Use “approximately” when estimating distance, age, speed, or time. Do not claim exact seconds from a handwritten recollection.

If a calculation is included, show the inputs, units, formula, and assumptions. An average, percentage, or timeline based on missing data must disclose that limit.

Corrections and supplemental reports

Never silently edit a final report after delivery. Preserve the issued version and create a dated correction or supplement that identifies:

• original report and page/item;
• incorrect language;
• corrected language;
• reason;
• author and date; and
• recipients.

A typo that does not affect meaning may be handled under company policy. A factual, identity, date, or evidence-reference error requires transparent correction.

Confidentiality

T.C.A. § 62-26-221(5) prohibits revealing client information to another person except as required by law. Rule 1175-04-.07 adds that confidential client information is not disclosed without specific client consent, while recognizing valid subpoena/summons compliance, Commissioner practice review, and use relevant to defending a claim.

The correct statutory anchor is § 62-26-221, not the continuing-education section. Share reports through approved secure channels and verify recipients. Redact unrelated sensitive data when authorized.

Confidentiality is not absolute privilege. Attorney-client privilege and work-product protection depend on legal elements, purpose, parties, and handling. Merely copying a lawyer or labeling a report “privileged” does not guarantee protection. Follow counsel’s instructions and avoid unnecessary distribution.

Notes and discovery

Discoverability depends on the proceeding and governing rules. Tennessee Rule of Criminal Procedure 26.2 can require production, after a witness has testified on direct examination and on motion, of a qualifying statement in the moving party’s possession that relates to the testimony. Whether particular field notes are a “statement,” who possesses them, and when production is due require rule-specific analysis.

Civil discovery, subpoenas, agency proceedings, preservation duties, and contracts have different standards. Do not teach that every rough note is automatically produced after testimony or that notes can safely be destroyed.

Executive summary

A concise summary can identify assignment, coverage, central verified findings, major limits, and exhibit references. It should not introduce a conclusion missing from the report body. Busy readers benefit from brevity, but the summary must remain accurate.

Quality review

Before release:

• verify names, dates, amounts, citations, and answerable calculations;
• match every exhibit and file;
• confirm media timestamps and gaps;
• remove unsupported adjectives;
• check that adverse and exculpatory facts are included;
• confirm client scope and distribution; and
• proofread after serialization or export.

Exam method

Choose neutral facts, precise source labels, preserved versions, transparent corrections, and lawful confidentiality. Reject silent edits, conclusions beyond expertise, destruction of notes to avoid discovery, and claims that every report is automatically privileged.