The Custody Case, the Protective Order, and the Unpaid Invoice
Priya is a licensed PI in a contested custody case. The father pays a $2,500 retainer and asks Priya to prove the mother is 'unfit' because she has a new partner. Priya's 22 hours of work find that the mother's home is stable, the child's school reports improvement, and the mother's new partner has no record. Priya also finds that the father's new girlfriend has an active protective order against the father from six months ago, which the father did not disclose. The father tells Priya to leave that out of the report because 'it's not relevant,' and asks Priya to testify as an 'expert' that the mother is emotionally unstable, although Priya has no psychological training. The father has paid only $1,200 of the $3,850 invoice. Priya has not signed a written engagement letter.
1. Must Priya include the protective order in her report even though the client says it is irrelevant?
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The protective order is material. Priya's report is being prepared for a custody dispute, and a recent protective order against the father bears on household safety and credibility, even if the father says it is 'not relevant.' The client can define the scope of the investigation, but he cannot direct Priya to write a report that is misleading by omission. Priya should include the protective order as a fact, with the date, court, and status, and explain how she verified it. If the father insists on omitting it, Priya should refuse and, if necessary, withdraw. She can also structure the report as a factual chronology and let the attorneys argue relevance; that protects her objectivity without hiding the finding. A report that omits a known material fact can be challenged as false or incomplete.
2. Can Priya testify as an expert that the mother is emotionally unstable?
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Priya should not testify as an expert that the mother is emotionally unstable. Under Oregon Evidence Code 702, expert testimony requires specialized knowledge, skill, experience, training, or education. Priya is an investigator, not a psychologist, and she has no psychological training. She can testify as a lay witness about what she observed-statements, behaviors, home conditions, and school records-but she cannot diagnose or offer a psychological opinion. If the father wants an expert opinion, he needs a qualified mental-health professional. Offering the opinion anyway would be misleading, could be excluded, and could damage her credibility and license. She should tell the father in writing what she can and cannot say.
3. What business and client-relations problems does the missing engagement letter create, and what should Priya do about the unpaid invoice?
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Priya has several business problems. She should have used a written engagement letter that defined scope, hourly rate, retainer, costs, reporting, and termination. Without one, the fee dispute is harder to prove, but she can still send an itemized invoice and demand payment. She may withdraw from the engagement for nonpayment if she can do so without prejudicing the client, but she should not withhold records or a report in a way that violates her agreement or a court deadline. She should preserve her file, including notes and the protective-order verification, and provide the client with what he has paid for. If the father continues to demand a false report or false expert testimony, she should terminate and document why.