Ethics, Professional Responsibility, and Client Relations
Domain 7: Ethics, Professional Responsibility, and Client Relations
This domain tests confidentiality, conflicts of interest, fee arrangements, truthfulness, and the line between investigation and law practice. The exam favors the conservative answer: disclose conflicts, document scope, and refuse improper requests.
Core rules
- Confidentiality: client information is confidential unless disclosure is required by law or necessary to prevent serious harm. Do not discuss cases in public or share files with unauthorized parties.
- Conflicts: identify conflicts before accepting work. A prior representation of the subject, a personal relationship, or a financial interest in the outcome must be disclosed and may require withdrawal.
- Fees: use a written engagement letter that states the scope, hourly rate or flat fee, expenses, retainer, and billing frequency. Avoid contingent fees tied to a criminal outcome or to testimony; they create credibility problems.
- Misrepresentation: never claim to be police, an attorney, or a government agent. Do not use pretext to obtain protected records or to enter private premises. Use true identity or lawful pretext only where permitted.
- Client relations: explain what you can and cannot do, provide realistic timelines, and put significant instructions in writing.
Worked example
A client asks you to call a bank and pretend to be the account holder to obtain statements. Refuse. The request involves impersonation and likely violates privacy and fraud laws. Offer instead to obtain statements through the client's authorization, a subpoena in litigation, or a lawful records request.
Traps
Accepting a case against a former client. Promising a specific result. Using a "pretext" call to a government agency. Failing to document a client's instruction that limits the investigation.