Ethics, Professional Conduct, and Conflicts of Interest
What the exam tests
This domain tests judgment: confidentiality, conflicts, truthfulness, scope of engagement, and handling client pressure to cross legal or ethical lines. Questions often present a “client asks you to…” scenario and ask for the professional response.
Core rules
- Confidentiality: Client information should be protected and disclosed only as authorized or required by law. When working for an attorney, the investigator is part of the legal team and should route reports through the attorney to protect privilege and work product.
- Conflicts: Decline or disclose a matter where a prior client, personal relationship, financial interest, or family connection creates a significant conflict. Do not investigate an adverse party in a matter where you previously represented that person.
- Truthfulness: Reports, affidavits, and testimony must be accurate. Do not fabricate evidence, alter notes, backdate reports, or omit material facts. “Zealous advocacy” is not a defense to deception.
- Scope and billing: Use a written engagement defining the objective, authorized methods, fees, and reporting. Do not bill for work not performed or inflate hours.
- Illegal client instructions: Refuse instructions to trespass, harass, impersonate, wiretap, or obtain protected records. Document the refusal and consider whether to withdraw.
Worked example
A client asks an investigator to “friend” a witness on social media using a fake profile to view private posts. The investigator should decline. Using a false identity to access non-public account content can violate platform terms and privacy or computer-crime laws, and it creates impeachment risk. A permissible alternative is to review publicly available posts and document them without deception.
Traps that cost marks
- Accepting a case without checking for a conflict.
- Sending a raw report directly to the client when the attorney directed otherwise.
- Changing a report after the fact without documenting the correction.
- Treating client pressure as permission to break the law.