Obligation-Conflict Resolution
Case 22-9 (2022) · Providing Incomplete, Self-Serving Advice
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Featured
Engineer A Fiduciary Advisory Duty
prevails over
Engineer A Self-Serving Advisory Recommendation
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Self-Interested Recommendation
Open tensions recorded without a resolution:
Engineer A Advisory Role Objectivity vs Engineer A Self-Serving Advisory Recommendation
What the board concluded
- It was unethical for Engineer A to leave out relevant and pertinent information from the analysis/ recommendation.
- It was ethical for Engineer A to recommend progressive design build is the best choice, as long as reasons are objective, described, valid, and compared against all available and appropriate delivery methods.
- It was not unethical to include marketing materials that display Engineer A’s firm’s qualifications.
Recorded violations:
Advisory Memo Preparation violates Engineer A Gratuitous Services Advisory
Selective Scope Omission violates Engineer A Report Completeness Advisory Memo
Self-Promotional Credential Inclusion violates Engineer A Gratuitous Services Advisory
Biased Method Recommendation violates Engineer A Advisory Role Objectivity
Biased Method Recommendation violates Engineer A Self-Serving Advisory Recommendation
How comparable cases resolved the same tension
Engineer A Self-Serving Advisory Recommendation yields to Engineer A Fiduciary Advisory Duty. The yielding obligation ("Engineer A Self-Serving Advisory Recommendation") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
16-10
Public Health, Safety and Welfare-Former...
|
Engineer A Non-Acquiescence After Company X Rejection | Engineer A Faithful Agent Internal Recommendation Fulfillment | Company X Cost-Driven Rejection of Additional Safety Testing |
|
01-11
Conflict Of Interest—Consultant Serving As...
|
Engineer A Structural Conflict Proactive Disclosure to City H Instance | Engineer A WXY Prospective City Engineer Self-Interest Advisory Non-Distortion Instance | -- |
|
94-5
Conflict Of Interest Providing Both City...
|
Firm A City-Retained Engineer Multi-Role Conflict Non-Engagement | BER-82-4 Engineer A Multi-Role Review-Recommendation Non-Decision Boundary | Firm A Multi-Role Structural Conflict — Design, Review, and Inspection for Same Parties |
|
84-5
Engineer's Recommendation For Full-Time,...
|
Engineer A Construction Phase Safety Staffing Insistence or Withdrawal | Cost-Pressure Safety Recommendation Abandonment Prohibition Engineer A On-Site Representative | Client Economic Interest Displacing Engineer Primary Safety Obligation |
|
11-12
Reviewing Work of Another Engineer and...
|
Engineer A Advisory Role to Design Contractor Transition Prohibition | Engineer A Faithful Agent Advisory Service to Smithtown Within Ethical Limits | Conflict of Interest State Engineer A Smithtown Road Project |