Objectivity & Truthfulness of Forensic Investigators

Having conducted well over 1,000 forensic investigations - including causation analysis, damage assessment, and betterment evaluation - I've seen attempts to skew findings and reviewed biased reports from other investigators. The integrity of the forensic investigator is paramount.

The Paramount Duty of Objectivity and Truthfulness

Forensic investigators must:

Base Opinions Strictly on Evidence: Conclusions must align strictly with the evidence and only to the extent justified by it. Investigators must not withhold any findings—whether they support or contradict a client’s position—that would misrepresent the facts.

Act with Independence and Impartiality: Experts must maintain independence to ensure an unbiased analysis. This guarantees the expert serves the truth, not the client's financial interests.

Avoid Misrepresentation: Professionals must not misinform, mislead, or deceive any parties, nor permit their name to falsely represent authorship or agreement with a document's content.

Confidentiality and Evidence Integrity

Integrity extends to handling evidence:

Treat Evidence with Care (Chain of Custody): Forensic practitioners must treat every object or specimen of evidential value with the care and control necessary to preserve its integrity (the chain of custody). Improper handling or a break in this chain can render evidence and conclusions unreliable.

Maintain Client Confidentiality: While maintaining objectivity, the practitioner must treat all client information with required confidentiality, unless legally or professionally mandated to disclose it.

Competence and Professional Limitations

An investigator lacks integrity if they accept an assignment for which they are unqualified.

Perform Services Only in Areas of Competence: Investigators must "perform services only in areas of their competence" and "address only those factors that are within one's own expertise."

Admit Limitations: Investigators are obligated to fully inform the client of any limitations regarding their competence relevant to the instructions and to seek assistance from other qualified experts when necessary.

Financial Ethics (Contingency Fees)

Specific ethical rules prevent conflicts of interest and bias. Contingency fees are unethical. Organisations like the NSPE and NAFE deem contingency fee arrangements for Forensic Engineers to be unethical because tying payment to the successful outcome of a claim creates a direct financial incentive to bias findings.

Duty to the Court

When appearing as an Expert Witness, the paramount duty is to the Court, overriding any obligation to the retaining party. The expert is not an advocate; their sole purpose is to provide an objective, unbiased opinion to help the judge or jury understand complex issues. Evidence must be based entirely on facts and professional judgment, acknowledging any limitations or contrary opinions.

Act with Independence and Impartiality: Experts must maintain independence to ensure an unbiased analysis. This guarantees the expert serves the truth, not the client's financial interests.