The Partner Wants Only the 'Good' Surveillance Clips
You are retained by a law firm defending an insurer in a personal-injury suit. The plaintiff claims a disabling knee injury from a 2022 fall and says she cannot stand for more than 15 minutes or lift more than 5 pounds. You conduct four days of surveillance outside her home in Springfield. On two days, you record her walking briskly, carrying groceries, and standing for 40 minutes at a youth soccer game. On the third day, you also record her using a cane, grimacing while getting into a car, and being helped by a relative. The video is mixed. The partner emails: 'Send me only the good clips. The cane footage will confuse the jury and it's not helpful. We don't need to produce it because you're our consultant.' What do you do?
1. What are your ethical and reporting obligations when the surveillance evidence is mixed?
Read the worked answer
Your obligation is to report accurately and completely, not to produce a one-sided highlight reel. A consultant's report may not be automatically discoverable, but that does not make it ethical to conceal material observations. The cane footage is relevant to the plaintiff's condition and credibility; withholding it could mislead the court and the client, and could expose you and the firm to sanctions if the issue is later litigated. Prepare a factual report that describes all four days, including dates, times, durations, and observed limitations. Separate raw footage from any compilation. State clearly that the compilation is not the whole record and that the full video is preserved. Advise the partner in writing of the risks of selective reporting.
2. How should you respond to the partner's instruction, and what if the partner insists?
Read the worked answer
Respond professionally: explain that you will provide the full report and all footage, and that you can prepare a balanced summary or clip index to help the firm use the evidence. Do not alter, delete, or hide the cane footage. If the partner insists on a misleading report, decline to sign or submit it. You may offer to let the firm retain separate counsel or a different vendor, but you must preserve your file and the original media. If you believe the firm intends to submit false or misleading evidence, consult your own lawyer and consider whether withdrawal is required by the engagement terms and ethics rules. Document every instruction and your response.