Obligation-Conflict Resolution - Conflict of Interest - Expert Witness for Contractor

Obligation-Conflict Resolution

Case 82-6 (1982) · Conflict of Interest - Expert Witness for Contractor

Case Precedents

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

Section III.4.b Specialized Knowledge Former Client Consent Prerequisite Engineer A Dam Failure prevails over Simultaneous Dual-Role Adverse Advocacy Resignation Prerequisite Case 76-3 County Engineer

the yielding obligation gives way only under (defeasibleUnder):

Engineer A Confidential Government Investigation Information Held

Code Revision Prospective Application Adverse Participation Stricter Standard Engineer A Dam Failure prevails over Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure

the two obligations are in tension (competesWith)

the yielding obligation gives way only under (defeasibleUnder):

Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter

Section III.4.b Specialized Knowledge Former Client Consent Prerequisite Engineer A Dam Failure prevails over Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure

the two obligations are in tension (competesWith)

the yielding obligation gives way only under (defeasibleUnder):

Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter

Forensic Expert Witness Objectivity Structurally Compromised Engineer A Contractor Engagement prevails over Independent Report Pledge Non-Cure Switching Sides Engineer A Dam Failure

the two obligations are in tension (competesWith)

the yielding obligation gives way only under (defeasibleUnder):

Engineer A Confidential Government Investigation Information Held

Proceeding Duration Loyalty Persistence Engineer A U.S. Government Dam Failure prevails over Termination Non-Cure Adversarial Conflict Engineer A Dam Failure

the two obligations are in tension (competesWith)

the yielding obligation gives way only under (defeasibleUnder):

Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter

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Government Forensic Findings Confidentiality Non-Disclosure Engineer A Contractor prevails over Termination Non-Cure Adversarial Conflict Engineer A Dam Failure

the yielding obligation gives way only under (defeasibleUnder):

Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter

Switching Sides Forensic Expert Prohibition Engineer A Dam Failure Discussion prevails over Independent Report Pledge Non-Cure Switching Sides Engineer A Dam Failure

the yielding obligation gives way only under (defeasibleUnder):

Engineer A Confidential Government Investigation Information Held

Government-Retained Forensic Engineer Adverse Contractor Engagement Prohibition Engineer A Dam Failure Discussion prevails over Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure

the yielding obligation gives way only under (defeasibleUnder):

Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter

Open tensions recorded without a resolution: Forensic Expert Witness Objectivity Structurally Compromised Engineer A Contractor Engagement vs Government Forensic Findings Confidentiality Non-Disclosure Engineer A Contractor Former Client Adversarial Consent Prerequisite Engineer A U.S. Government Dam Failure vs Termination Non-Cure Adversarial Conflict Engineer A Dam Failure Paid Advocacy Versus Expert Witness Role Distinction Recognition Case 76-3 County Engineer vs Simultaneous Dual-Role Adverse Advocacy Resignation Prerequisite Case 76-3 County Engineer Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure vs Switching Sides Prohibition Engineer A Dam Failure Government to Contractor

What the board concluded

It would not be ethical for Engineer A to be retained as an expert witness for the contractor under these circumstances.

How comparable cases resolved the same tension

Termination Non-Cure Adversarial Conflict Engineer A Dam Failure yields to Government Forensic Findings Confidentiality Non-Disclosure Engineer A Contractor. The yielding obligation ("Termination Non-Cure Adversarial Conflict Engineer A Dam Failure") 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)
85-4 Objectivity of Engineer Retained as Expert	Engineer A Former Client Confidentiality Perpetuation Post-Termination	Engineer A Termination Non-Cure of Same-Matter Adversarial Conflict Violation	Engineer A Confidential Plaintiff Information Held Post-Termination; Engineer A Continuing Post-Termination Loyalty to Plaintiff's Attorney; Same-Proceeding Cross-Side Engagement Absolute Prohibition
58-1 Case Number 58-1	Section 19 Collective Reputation Protection — U.S. Agency Engineers Hydroelectric Procurement	Insider Procurement Advantage Cloud-of-Doubt Avoidance — U.S. Agency Engineers Hydroelectric Project	Appearance of Unfair Insider Advantage Without Proven Violation; Unresolvable Cloud of Doubt Over Competitive Fairness
63-6 Conflicting Engineering Opinions	BER — Public Policy Override Non-Ethical-Indictment of Efficiency-Advocate Engineer	Dam Design Legislative Debate Post-Decision Non-Ethical-Indictment	Multi-Year Public Infrastructure Policy Controversy
24-05 Sustainable Development and Resilient...	Safety Obligation - Engineer K - Public Flood Protection	Engineer K Post-Decision Faithful Agent Deference City Council Flood Control Decision	City Refusal to Mitigate Underserved Community Risk; Competing Professional Duties on Public Disclosure; Confirmed Floodwater Diversion Risk Without Mitigation
98-5 Public Health And Safety - Code Enforcement	Engineer A Non-Subordination Safety Reporting Political Bargaining	Engineer A Benevolent Motive Non-Justification for Safety Compromise	Engineer A Competing Public Goods Trade-Off Rationalization