Surveillance Target Is Your Spouse's Weekly Contact
You are one of two licensed investigators at a small agency in Newton. A divorce attorney hires the firm to conduct a five-day surveillance of a husband who is suspected of hiding assets and violating a visitation order. The attorney provides the address. When you enter it into the case file, you recognize the house: it belongs to your daughter's soccer coach, and your spouse serves on the same parent committee as the coach's wife. You have never worked for the coach or his wife, but your spouse speaks with them weekly. The firm owner says, 'You're the only one available this week; just keep it professional.' The retainer is $6,500, and the client expects daily reports. What do you do?
1. Identify the conflict and explain why it matters.
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This is an apparent conflict based on a close personal association: your spouse has a weekly relationship with the subject's spouse, and you have a family connection through the coach. Even if you feel unbiased, the association can compromise confidentiality, judgment, and the appearance of impartiality. If the subject or his wife learns of the connection, they may argue the surveillance was motivated by personal bias or that confidential information was improperly shared. The firm's reputation and the client's case are at risk. A conflict check should include not just prior clients but family and close social relationships. The owner's 'keep it professional' instruction does not cure the conflict.
2. What steps should you take before accepting or continuing the assignment?
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Disclose the relationship to the owner in writing and run a formal conflict check. Determine whether the other licensed investigator can take the case; if so, reassign it and wall you off from the file. Do not access the file, discuss the case at home, or use any information from your spouse. If no qualified investigator is available, decline the engagement or ask the client for informed consent after full disclosure-though consent may not be appropriate for surveillance because the subject cannot consent and the risk remains. Document the conflict check, the reassignment, and the confidentiality screen. If the firm proceeds without a screen, decline to participate.