Military Defense Investigation Knowledge Base
Military Defense Investigation Authority Publication
Authority Publication No. DI-085
Protect Attorney Work Product in Defense Investigations
Independent Military Defense Investigations
Supporting Attorneys, Service Members, and Families
Publication Date: August 30, 2026
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Executive Summary
A defense investigation can contain confidential attorney-client communications, attorney-directed preparation, original evidence, witness facts, investigator observations, working copies, summaries, and demonstrative materials. Those categories serve different purposes and should not be treated as interchangeable.
Authority Publication DI-085 explains why protecting attorney work product and privilege begins with a clearly defined, counsel-directed assignment. Counsel should identify the factual question, legal purpose, authorized reporting channel, storage location, deadlines, and restrictions governing the work. The investigator can then develop the factual record while avoiding unnecessary distribution of potentially protected communications or strategy.
The publication also emphasizes that legal labels do not change the nature of independently existing evidence. A photograph, recording, document, digital file, or witness’s personal knowledge does not automatically become privileged because it enters the defense file. Original evidence should remain traceable to its source and separated from counsel impressions, investigative analysis, summaries, and working copies.
A defensible investigative record should show the source, custodian, relevant date range, collection method, file names, transformations, handling history, limitations, and unresolved questions associated with important evidence. This organization allows counsel to evaluate privilege, work product, discovery, disclosure, waiver, and possible testimony while preserving evidentiary integrity.
The objective is not to conceal evidence or classify every document as privileged. It is to protect legitimate legal interests while ensuring that every material conclusion can be traced from the question, to the source, to the verified fact, and finally to a carefully limited conclusion.
Who Should Read This Publication?
Military Defense Counsel
Military defense counsel should read DI-085 to evaluate how investigative assignments, reporting channels, file storage, third-party disclosures, expert consultation, and possible testimony may affect privilege or work-product questions. The publication also provides a framework for separating legal strategy from independently existing evidence and witness facts.
Defense Investigators
Defense investigators should read this publication before collecting evidence, interviewing witnesses, preparing reports, or distributing investigative material. It explains why investigators should confirm scope with counsel, preserve original sources, separate evidence from strategy material, document collection methods, avoid making promises concerning privilege, and report limitations as carefully as findings.
Service Members
Service members should read DI-085 to understand that not everything placed in a defense file automatically becomes confidential or privileged. Communications, evidence, devices, records, and witness information may have different legal consequences. Decisions about disclosure, consent, production, interviews, and case communications should be made with qualified defense counsel.
Experts
Experts should read this publication to understand how their communications, source materials, notes, analyses, reports, and possible testimony fit within a counsel-directed defense investigation. Experts should receive clearly defined questions, maintain source traceability, preserve original material, and allow counsel to address privilege, discovery, and disclosure requirements.
Families
Families should read DI-085 to understand why defense information must be handled carefully and through authorized channels. Family members can assist by preserving records and providing accurate information privately to counsel, but they should avoid distributing defense materials, discussing strategy publicly, contacting witnesses, or assuming that a document is protected merely because it relates to the defense.
Companion Video
This companion video expands on the investigative concepts presented in this Authority Publication through additional explanation, practical examples, and professional investigative insight.
About Michael West
The investigative guidance presented throughout these Authority Publications is based upon decades of professional experience conducting military, federal, criminal, civil, and private investigations. The principles discussed in these publications are drawn from real investigative work involving complex cases, witness development, evidence analysis, and factual case preparation.
Michael West has served as a Special Agent with the United States Air Force Office of Special Investigations (AFOSI) and the Department of Defense Inspector General, conducted federal background investigations, and spent decades working as a licensed private investigator supporting attorneys, businesses, service members, and private clients. Throughout his career, his work has focused on identifying facts, locating witnesses, analyzing evidence, and strengthening the factual foundation of legal cases through independent investigation.
The Military Defense Investigation Knowledge Base was created to share that investigative experience in a practical, understandable format. Its purpose is to help attorneys, service members, and families better understand the investigative process, ask more informed questions, and recognize opportunities where independent investigation may strengthen the defense.
Important Information
This Authority Publication is provided for educational and informational purposes and is intended to help readers better understand military defense investigations and the investigative process. It is based upon professional investigative experience and is designed to provide practical investigative insight rather than legal advice.
Every military case is unique. The investigative strategies, factual issues, and legal considerations applicable to one case may not apply to another. Readers should consult with a qualified attorney regarding legal rights, legal strategy, and decisions involving their individual circumstances.
Nothing contained in this publication should be interpreted as creating an attorney-client relationship or an investigator-client relationship. References to investigative techniques, procedures, or case examples are provided solely to illustrate investigative principles and should not be considered legal guidance.
Effective military defense is strengthened by informed legal representation supported by thorough factual investigation. The purpose of these Authority Publications is to help readers better understand that investigative process so they can communicate more effectively with qualified legal counsel and make informed decisions throughout the military justice process.