Legal and Ethical Conduct, Privacy, and Reporting
Privacy boundaries
Nebraska recognizes privacy torts, including intrusion upon seclusion and public disclosure of private facts. Investigators must match the method to the legal purpose. Federal laws also matter: pretexting for financial information violates the Gramm-Leach-Bliley Act; obtaining phone records by deception is prohibited; motor vehicle records are restricted by the Driver's Privacy Protection Act; and consumer reports trigger the Fair Credit Reporting Act. Client consent does not cure a criminal or regulatory violation.
Ethics and confidentiality
A licensee must be honest with clients, courts, and regulators. Do not use badges, titles, or statements that suggest law enforcement authority. Keep client information confidential and share it on a need-to-know basis. If working for an attorney, respect privilege and the attorney's ethical duties, including restrictions on contacting represented parties. Avoid conflicts of interest and disclose any relationship that could bias the investigation.
Reporting
Reports should be accurate, complete, and neutral. Include exculpatory facts, not just helpful ones. Distinguish observation, witness statement, and inference. Retain drafts and supporting evidence under the records rules. False or misleading reporting is a disciplinary matter and can destroy credibility in litigation.
Worked example
A client asks an investigator to obtain a target's bank records by pretending to be the account holder. The investigator refuses. The request seeks protected financial information by pretext, which is prohibited. The investigator documents the refusal, advises the client of lawful alternatives such as subpoena or consent, and does not use the target's personal information to access the account.
Traps
Believing client authorization overrides privacy law; using a badge or 'police' language; contacting a represented party without counsel; omitting unfavorable facts; and treating a report as a place for argument rather than evidence.