Divorce Lawyers and the Use of Private Investigators

Private Investigators

The Divorce Lawyer’s Role in Using Private Investigators

Lawyers as Gatekeepers for Ethical and Legal Use

Divorce lawyers in Ontario have professional obligations under the Rules of Professional Conduct to act with integrity, avoid abuse of process, and ensure that clients do not pursue improper or unlawful tactics. This responsibility extends to the use of private investigators.

Before recommending an investigator, a lawyer will assess:

  • Whether the issue is legally relevant to the divorce or parenting dispute
  • Whether less intrusive legal tools could achieve the same objective
  • Whether the investigation aligns with the client’s best legal interests, not emotional motivations