e050502 Can an inspector testify in court based of a subpoena without client permission?

Identifier: e050502

Date: 03/14/2006

Question

If I am subpoenaed to testify in court, am I violating the Code if I do not have my client's permission to disclose items included in the report?   

Response

Disclosing inspection results without the permission of the client is a violation of this Code of Ethics.  However, the inspector must honor proper legal process.  When feasible, the client should be informed about the subpoena in case he/she wishes to contest it.  The inspector could also legally contest the subpoena if he/she so chooses.