Ethics, Professional Conduct, and Prohibited Practices
Ethics, Professional Conduct, and Prohibited Practices
This domain tests judgment: confidentiality, conflicts, truthful reporting, lawful methods, and avoiding false law-enforcement identity. Indiana expects a licensee to protect client information, stay within legal authority, and refuse work that requires deception prohibited by law.
Core rules
- Keep client information confidential; disclose only with consent, legal compulsion, or as needed to perform the engagement.
- Avoid conflicts of interest; disclose a prior relationship with an adverse party and withdraw if impartiality is compromised.
- Never impersonate a law-enforcement officer, use a badge or title implying police authority, or claim to be an attorney.
- Do not give legal advice or guarantee results.
- Do not obtain records by false pretenses where law prohibits it, and do not trespass, harass, or conduct unlawful surveillance.
Worked example
A client asks an investigator to pose as a police detective to persuade a hotel clerk to release guest information. The investigator must refuse. Posing as police is prohibited impersonation and creates criminal and licensing exposure; the clerk's consent would be based on a false official identity. A lawful alternative is to request only information the hotel may voluntarily provide, or use subpoena/legal process through the client's attorney.
Traps
"Pretext" is not a blanket license to lie. Misrepresentation that violates a specific law-especially impersonating police or obtaining protected records-can end a license. Do not accept a contingency fee that creates an incentive to fabricate evidence. Do not discuss a case in public or with opposing parties. Do not let a client direct an unlawful method.