This Code of Ethics recognizes that the key IPSIG members — lawyers,
investigators and accountants — are also members of professions
having their own ethical codes, concepts, rules, standards and/or
governing legislation. IPSIG members shall be familiar with and
responsive to the mandates of their respective professional codes,
rules and/or legislation and shall act consistently with those
codes, rules and law as required in the context of particular assignments.
If an IPSIG member believes that an act performed or to be performed
during an IPSIG assignment may be in conflict with a relevant
professional code, rule or law, the member should refer that
potential conflict to the relevant professional association and/or
to the IAIPSIG's Ethics Committee for guidance.
- IPSIG members are subject
to a variety of existing professional codes, rules and laws.
The general ethical principles and concepts contained in these
codes relating to competence, honesty, diligence and professionalism
apply to IPSIG members when they are engaged in IPSIG work as
much as when they are acting as independent professionals. This
Code does not restate those general ethical principles and concepts.
- Other rules and standards governing IPSIG professionals, however,
may or may not apply according to the IPSIG member's professional
affiliations and jurisdiction and the needs of the particular
assignment. For example, rules governing the conduct of lawyers
vary between states and state legislation regulates the activities
of private investigators. In addition, the needs and circumstances
of particular assignments will determine whether relevant rules
or law apply. For example, the existence of an attorney-client
relationship is a question of fact and law; auditors are governed
by rules and standards that may vary between assignments; and
fee arrangements are also regulated in some cases.
- This Code cannot anticipate every circumstance in which potential
conflicts between individual professional rules and the work
of IPSIGs might arise. IPSIG members are expected to be familiar
with their governing rules and law and if, in the member's judgement,
a potential for conflict exists in particular circumstances,
to refer that issue to a relevant professional association and/or
the IAIPSIG Ethics Committee.
- The "relevant professional association" means the
association or body whose rules or standards the IPSIG member
believes may be transgressed, or is otherwise most appropriate
to resolve the conflict.
- Material departures from existing professional codes and standards
should be communicated to the host organization by the IPSIG
prior to the commencement of the engagement. These should ideally
be included in the IPSIG's retainer agreement with the client,
which should define the relationship between the IPSIG and the
host organization. For example, it is appropriate to specify
that an attorney-client relationship is not established by the
retainer. The retainer should also state the purpose of the representation,
e.g., "this retainer is entered into for the principal purpose
of reporting on the financial affairs of the retaining party
to [reporting entity]."