The Domestic Case and the Line Between Helpful and Harmful
A client, clearly frightened, tells investigator Rafael that her estranged husband has been following her and that she wants 'everything you can get' on him, including his new address, his work schedule, and 'anything that makes him look bad.' She also asks Rafael to place a tracking device on the husband's car so she can 'know when he's coming.' Rafael knows the husband has a protective order against him in another county and that the client has a pending custody hearing. Rafael can lawfully obtain public records, conduct public surveillance, and interview willing witnesses.
1. Should Rafael place the tracking device on the husband's car? Analyze the legal and ethical issues.
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No. Placing a tracking device on another person's vehicle without consent or lawful authority is a serious privacy intrusion and may violate stalking, tracking, or electronic-surveillance laws, and it could expose both Rafael and the client to criminal and civil liability. The client's fear and the existence of a protective order do not authorize Rafael to commit an unlawful act; if anything, the protective-order context makes any surveillance of the husband especially sensitive and could be characterized as harassment or retaliation. Rafael should decline clearly, explain the risk to the client, and redirect to lawful options: public records, public surveillance, witness interviews, and coordination with the client's attorney and, if there is a safety concern, law enforcement.
2. The client asks Rafael to gather 'anything that makes him look bad.' How should Rafael frame the engagement, and what should he do about the protective order and custody context?
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Rafael should reframe the request as a factual investigation serving the client's legitimate legal needs, not a smear campaign. He should define scope in writing: what questions the evidence is meant to answer, what methods are permitted, and what he will not do. He should gather relevant, verifiable facts and report them accurately, including facts unfavorable to the client's narrative, because a custody court will test credibility. Regarding the protective order, he should verify its terms through public records, avoid any conduct that could violate it or look like harassment of the husband, and coordinate with the client's attorney so the investigation supports the custody matter lawfully. If the client is in danger, he should direct her to law enforcement rather than take unsafe unilateral action.