| Fact | Time Qualifier |
|---|---|
| 1. Plaintiff A <sustains an injury.> | Pre-existing fact |
| 2. Plaintiff A <files a lawsuit or arbitration action against> Defendant B <because> (Plaintiff A <sustains an injury>). | After the conclusion of 1 |
| 3. Plaintiff A <is legally represented by> Attorney Z. | Occurs concurrently with 2 |
| 4. Defendant B <is legally represented by> Attorney X. | After the start of 2 |
| 5. Engineer A <is retained by> Attorney Z <as a technical consultant for a legal or arbitration proceeding.> | After the start of 3 |
| 6. Engineer A <agrees to provide expert testimony for> Attorney Z <regarding> (Plaintiff A <sustains an injury>). | Occurs as part of 5 |
| 7. Engineer A <reviews and analyzes> (Plaintiff A <sustains an injury>). | Occurs as part of 5 |
| 8. Engineer A <provides an unfavorable recommendation of> (Plaintiff A <sustains an injury>) <to> Attorney Z. | Occurs as part of 7 |
| 9. Engineer A <is terminated by> Attorney Z <as a technical consultant for a legal or arbitration proceeding.> | Ends 5 |
| 10. Attorney Z <pays> Engineer A <for> (Engineer A <reviews and analyzes> (Plaintiff A <sustains an injury>)). | Occurs as part of 9 |
| 11. Engineer A <is retained by> Attorney X <as a technical consultant for a legal or arbitration proceeding.> [Questioned Fact] | After the conclusion of 9 |
| Questioned Fact(s): | Fact 11 |
| Questioned Actor or Actors: | Engineer A |
| The Board's Conclusion: | Unethical |
| Code | Code Status | How Cited | Grouped With | Over rides | Why Relevant? | Why Violated, Not Violated, Changed, or Not Applicable? |
|---|---|---|---|---|---|---|
| II.1.c. | Violated | Explicitly Discussed | None | None | ^ Engineer has a client [5]
Engineer obtains confidential facts, data, or information through work for the client [7] ^ |
^ Engineer reveals confidential facts, data, or information
to unauthorized parties [5, 11, Inference based on facts]
Engineer does not have prior consent of the client [Unstated assumption] There are no laws or other codes that require the revealing of the facts, data, or information [Unstated assumption] ^ |
| II.4.b. | Violated | Explicitly Discussed | None | None | ^ Engineer accepts compensation from Party 1 for services
on a project [5]
Engineer accepts compensation from Party 2 for services on the same project [11] ^ |
^ Engineer does not fully disclose the circumstances to
all interested parties [Unstated assumption]
All interested parties do not consent to the circumstances [Unstated assumption] ^ |
| III.4.b. | Violated | Explicitly Discussed | None | None | ^ Engineer participates in a project or proceeding for Client
1 (a former client) [5]
Engineer participates in a project or proceeding for Client 2 (a current client) [11] Client 1 and Client 2 are adversaries [2, 3, 4] ^ |
^ Engineer does not have consent from all interested parties
[Unstated assumption]
Engineer has gained particular specialized knowledge on Client 1's project and that knowledge could be used in the project with Client 2 [5, 7, 11] ^ |
| II.3.a. | Violated | Explicitly Discussed | None | None | ^ Engineer writes a professional report [11, Inference based on facts] ^ | ^ Engineer is not objective in the professional report [5] ^ |
| Case | Citation Type | How Cited | Grouped with | Q # | Why Relevant? | Why Distinguished or Analogous? |
|---|---|---|---|---|---|---|
| 74-2 | Distinguishing Precedent | Explicitly Discussed | None | 1 | ^ % Engineer is employed in multiple capacities and could be construed to have a conflict of interest % [5, 11] ^ | ^ % The Engineer's loyalties are divided because he is employed by adversarial employers % [2, 3, 4] ^ |
| Case | Citation Type | How Cited | Grouped with | Q # | Why Relevant? | Why Distinguished or Analogous? |
|---|---|---|---|---|---|---|
| 76-3 | Relevant, But Not Controlling | Explicitly Discussed | 82-2, 82-6 | 1 | ^ % Engineer is employed in multiple capacities and thus could be construed to have a conflict of interest % [5, 11] ^ | ^ NA ^ |
| 82-2 | Relevant, But Not Controlling | Explicitly Discussed | 76-3, 82-6 | 1 | ^ % Engineer is employed in multiple capacities and thus could be construed to have a conflict of interest % [5, 11] ^ | ^ NA ^ |
| 82-6 | Relevant, But Not Controlling | Explicitly Discussed | 76-3, 82-2 | 1 | ^ % Engineer is employed in multiple capacities and thus could be construed to have a conflict of interest % [5, 11] ^ | ^ NA ^ |