Professional ethics, client confidentiality, and conflicts of interest
Ethics and confidentiality
Investigators owe duties of honesty, competence, diligence, confidentiality, and compliance with law. Client confidentiality covers information learned in the professional relationship. Exceptions can include client consent, a court order or subpoena, a legal duty such as preventing imminent harm, or defending against a claim. When an investigator works at a lawyer's direction, communications may be protected by attorney-client privilege. An investigator should not give legal advice.
Conflicts of interest
Avoid representing adverse parties in the same matter. A former-client conflict can arise if the new matter is substantially related and confidential information could be used. Personal, financial, or family interests can also create conflicts. Disclose conflicts and obtain informed consent where the rules permit; withdraw if the conflict cannot be resolved. Avoid fee arrangements that reward misconduct or create improper incentives.
Worked example
An investigator previously investigated a workplace theft for Employer A. Employee B's lawyer now asks the investigator to examine the same matter. A conflict exists because confidential information from Employer A could be used against A. The investigator should decline unless both sides give informed consent and no prejudice results. The decision and any consent should be documented.
Traps
Discussing cases on social media or in public can waive confidentiality. Do not assume confidentiality is absolute; know the legal exceptions. Do not take a case against a former client without analyzing the conflict. Do not let a client direct illegal conduct. Document consent and conflict decisions.