Ethics & Professional Responsibility in Forensics Flashcards

A forensic consultant is aware that a peer reviewed their work and found a significant methodological flaw after the report was already filed. The consultant's ethical duty is to:

Answer: Promptly notify retaining counsel and correct the record if the error is material

Material errors in filed reports must be corrected promptly through retaining counsel to avoid misleading the court.

Under CFC ethical standards, what is the appropriate response when a colleague behaves unethically during a joint engagement?

Answer: Report the conduct to the appropriate professional body and, if necessary, withdraw from the engagement

Reporting unethical conduct by colleagues is a professional duty; silence can make the observer complicit in the misconduct.

A CFC consultant is retained for a matter and later realizes they previously consulted informally on the same matter for the opposing party. This is:

Answer: A disqualifying conflict of interest requiring immediate withdrawal and disclosure

Prior consultation for the opposing side in the same matter creates a non-waivable conflict of interest, mandating withdrawal.

The duty to maintain client confidentiality in forensic consulting applies:

Answer: Indefinitely, including after the engagement has concluded

Professional confidentiality obligations survive the end of the engagement and persist indefinitely unless disclosure is required by law.

Which of the following is the most ethically sound approach when a forensic consultant's opinion is challenged by another expert with equal credentials?

Answer: Maintain the opinion if it is based on sound methodology and evidence, while acknowledging the disagreement

A forensic consultant must stand by well-supported conclusions even under expert challenge; changing opinions for non-substantive reasons is unethical.

A forensic consultant is asked by a judge to act as a court-appointed neutral expert in a case where the consultant previously worked as a consulting expert for one party. The consultant should:

Answer: Disclose the prior relationship to the judge and decline if the prior work creates bias

Prior partisan involvement creates a conflict that must be disclosed to the court; the consultant should decline if impartiality is compromised.

Which ethical principle requires a CFC consultant to clearly distinguish in testimony between established facts, reasonable inferences, and speculative opinions?

Answer: Epistemic transparency

Epistemic transparency obligates the expert to clearly label the evidentiary basis and certainty level of each assertion in testimony.