Louisiana Private Investigator Licensing Practice Exam

What should an investigator do if they have represented a client and later want to represent someone with adverse interests?

1. Consult with former client for consent

2. Proceed without consent if the new client pays

3. Refrain from representing the new client

4. Request a waiver from the board

The correct answer is: Consult with former client for consent

An investigator who has previously represented a client must prioritize the obligation of confidentiality and loyalty that they owe to that client. When considering representing someone with adverse interests, the most appropriate action is to consult with the former client and seek their consent. This step is crucial because it ensures transparency and respects the ethical boundaries of the profession. Obtaining consent is not simply a procedural formality; it fosters trust and maintains the integrity of the professional relationship that was established with the former client. The obligation to safeguard the former client's confidential information extends indefinitely, and if there is a conflict of interest, the investigator must address it directly with the former client before proceeding with any new representation. This approach not only aligns with ethical standards but also safeguards the investigator from potential disputes or legal issues that may arise if the former client feels that their interests have been compromised. Thus, seeking consent from the former client is the most responsible and ethically sound course of action in this situation.