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A Question of
Ethics
 A
Question of Ethics is a monthly column by Kitty Hailey, the nation's
premier investigative ethicist, and author of the highly acclaimed book Code
of Professional Conduct, standards and ethics for the investigative profession.
Piece of the pie
Dear Kitty:
I run a small investigative firm. In fact, it's just me. Sometimes I can't
handle all the work I get and have considered either referring it out or
sub-contracting it to another investigator.
Is it unethical of me to ask for a referral
fee: just a little "thank you" for sending a lot of money to someone
else in the form of a very good job?
Am I breaking any laws or violating any moral
code if I want a piece of the pie? After all, I could have had the whole pie if
I kept the job, but the client would have had to wait for their work to be done
because I'm so overburdened at the time.
What do you think?
Sincerely, Pastry Lover
Dear PL:
I'm constantly amazed that investigators don't
understand the art of business. As a whole we are generally afraid to share and
insufficiently generous with one another. The attorneys with whom we work are
constantly referring out cases to one another for a piece of the action.
Personal injury attorneys work on a percentage of the final settlement agreement
for referred cases and can often reap hundreds of thousands of dollars at the
end of a case for their simple act of "generosity."
Repeat after me: "I am allowed to make
money."
Good, now say: "It is not a sin, a crime
or a violation of any moral code to request a referral fee from a professional
colleague."
You're really in the swing of it. So, now say:
"I'm going to remember to send 10% of the retainer deposit, a gift
certificate for dinner at a nice restaurant, or a basket of flowers to any
investigator who refers a job to me." (Gift commensurate with the value of
that case).
Good business is about networking, sharing
and making everyone happy.
The Code: (Fees 2:5) deals with compensation
for services rendered. It specifically states that an investigator cannot accept
work on a contingency fee as it could compromise the fair and unbiased search
for evidence. Neither can an investigator accept fees in the form of a bribe or
incentive. However, referring a job to another individual without impacting upon
the results of that investigation is perfectly legal and ethical. Sharing the
largess that is afforded the other investigator is nothing more than a good
business practice that might perpetuate future sharing of casework.
So feel free to ask for your piece of the pie.
Just be sure to specify if you want peaches or cherries. Some investigators
haven't a clue about the intricacies of these delicious rewards.
Ethically yours,
Kitty
Editor's Note: Kitty Hailey's column
"A Question of Ethics" appears exclusively in the monthly edition of
Cluesonline. The column above appeared in the August 2004 issue.
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