CFC Ethics & Professional Responsibility in Forensics 3 — Questions and Answers
Question 1: A forensic consultant is pressured by retaining counsel to omit findings that weaken the client's case from the written report. The consultant should:
- Omit the findings if the attorney takes full responsibility
- Include all material findings regardless of how they affect the client's position (Correct answer)
- Summarize the negative findings vaguely so they appear less significant
- Delay the report until the attorney reviews the findings first
Correct answer: Include all material findings regardless of how they affect the client's position
A forensic consultant must report all material findings completely and accurately; selective omission constitutes fraud on the court.
Question 2: Which documentation practice best supports the ethical principle of reproducibility in forensic consulting?
- Keeping notes in personal shorthand that only the consultant can read
- Maintaining detailed contemporaneous records of all methods, data, and findings (Correct answer)
- Summarizing findings verbally to the attorney to avoid a written paper trail
- Storing data only on personal devices without backups
Correct answer: Maintaining detailed contemporaneous records of all methods, data, and findings
Reproducibility requires that another qualified professional could follow the consultant's documented steps and reach the same conclusions.
Question 3: A forensic consultant is contacted ex parte by the opposing party's attorney seeking information about the consultant's analysis. The consultant should:
- Provide a general summary if no confidential data is shared
- Refuse to communicate and immediately notify retaining counsel (Correct answer)
- Record the conversation and share it with the judge
- Ask the opposing attorney to submit questions in writing
Correct answer: Refuse to communicate and immediately notify retaining counsel
Ex parte contact with opposing counsel violates client confidentiality and professional ethics; the consultant must refuse and report it to retaining counsel.
Question 4: The ethical concept of 'non-advocacy' in forensic consulting means that the consultant should:
- Avoid all communication with attorneys
- Present findings that are balanced and not tailored to support a predetermined conclusion (Correct answer)
- Refuse to testify in adversarial proceedings
- Never express an opinion, only present raw data
Correct answer: Present findings that are balanced and not tailored to support a predetermined conclusion
Non-advocacy means the consultant presents objective findings without shaping conclusions to match the retaining party's desired outcome.
Question 5: A CFC consultant's report is subpoenaed in a separate case. The consultant's primary obligation is to:
- Destroy all copies of the report to protect client confidentiality
- Comply with the subpoena after notifying the original retaining client and counsel (Correct answer)
- Ignore the subpoena because the retaining client has not authorized release
- Contact the court directly to quash the subpoena without client knowledge
Correct answer: Comply with the subpoena after notifying the original retaining client and counsel
Legal process such as a subpoena overrides a confidentiality agreement, but the consultant must first notify the original retaining client and counsel.
Question 6: Which action would most likely constitute fee-splitting misconduct for a Certified Forensic Consultant?
- Sharing a fee with a partner in the same forensic firm
- Paying a referral fee to a non-forensic attorney who sends cases (Correct answer)
- Billing separately for testimony and report preparation
- Adjusting fees based on the complexity of the engagement
Correct answer: Paying a referral fee to a non-forensic attorney who sends cases
Paying referral fees to attorneys who send cases creates improper financial incentives that compromise the consultant's independence.
Question 7: When a forensic consultant is offered a contingency fee arrangement — payment only if the client wins — the consultant should:
- Accept it if the case merits are strong
- Decline, as contingency fees create a financial interest in the outcome that compromises objectivity (Correct answer)
- Accept it with full written disclosure to the court
- Accept only if the percentage is below 10%
Correct answer: Decline, as contingency fees create a financial interest in the outcome that compromises objectivity
Contingency fees are prohibited for forensic experts because they create an impermissible financial stake in the litigation outcome.
CFC Ethics & Professional Responsibility in Forensics 3
A forensic consultant is pressured by retaining counsel to omit findings that weaken the client's case from the written report.
The consultant should: