Former Employer Establishing A New Firm - Soliciting Former Clients After A Period Of Time Has Elapsed
Case 178
Source
Document Structure
4
Sections4/4
With Embeddings100%
Coverage384D
Dimensions
Embeddings use 384D local model for precedent matching
Document Sections
Content Length
193 chars
HTML Length
193 chars
Plain Text Length
393 chars
Embedding Dimension
384
Compatible
Created
2026-02-13 21:36
Updated
2026-02-13 21:36
Content Preview
It was ethical for Engineer A to establish his own firm in Clover City. It was ethical for Engineer A to begin soliciting work from ABC’s clients, including Clover City after a year had passed.
Content Length
6442 chars
HTML Length
7157 chars
Plain Text Length
6443 chars
Embedding Dimension
384
Compatible
Created
2026-02-13 21:36
Updated
2026-03-02 23:20
Content Preview
It is not unusual for engineers, employed by others, at some point, to break off from their employer and go into business for themselves. This is a fundamental principle of this nation’s free enterprise system and generally should not be discouraged. As a general matter, this practice raises no ethical issues for the BER’s consideration.
However, the Code does address some issues that could arise in this context and provides ethical guidance where the engineer considers this business option. The Code addresses the use of confidential information concerning the technical affairs or processes of the former employer, promotional activities and negotiations for employment or business, and the involvement of the engineer in adversarial situations relating to the former employer. (See NSPE Code Sections III.4., III.4.a., III.4.b.).
The Board has previously addressed similar cases. In Case No. 86-5, a city requested proposals from various consulting engineers for a major job that was planned. Engineer A, a principal in a large engineering firm in the city decided to have his firm submit a proposal. Engineer A asked three engineers on his staff, Engineers X, Y, and Z, to develop the proposal for the firm. Engineers X,Y, and Z developed the proposal which was ultimately submitted to the city. Soon thereafter, the city learned that Engineers X, Y, and Z are the engineers who actually developed the proposal, for the firm and a city official approaches Engineers X, Y, and Z and asks if they would agree to a contract as consultants, independent of Engineer A’s firm. Engineers X, Y, and Z disclose the facts to Engineer A, resign from the firm, and enter into negotiations with the city. The Board concluded that a strict interpretation of the Code under the facts of this case led to the conclusion that it would be ethical for Engineers X, Y, and Z to agree to a contract for consulting services independent of Engineer A’s firm.
In reaching its conclusion in Case No. 86-5, the Boa...
Content Length
1466 chars
HTML Length
1466 chars
Plain Text Length
1468 chars
Embedding Dimension
384
Compatible
Created
2026-02-13 21:36
Updated
2026-02-13 21:36
Content Preview
Engineer A currently works for ABC Engineering Company. Engineer A has a very good working relationship with a major client, Clover City, which is a neighboring city. ABC is currently under contract with Clover City for the preparation of a report on an expansion of the city’s water treatment plant. As an employee of ABC, Engineer A developed the report by which the city will get funding for the water treatment plant expansion. The report included a part dealing with funding for an elevated storage tank. Those aspects of the report that dealt with the elevated storage tank were not part of the scope of work originally negotiated between ABC and Clover City and no contract exists between the city and ABC for the design of the elevated storage tank. Clover City is impressed by Engineer A’s initiative on this project. The city has paid ABC for this report.Recently, officials in Clover City suggested that Engineer A open his own engineering company in Clover City. The city indicates that it would consider a city retainer contract and also a contract for the design of the elevated storage tank.Six months later, Engineer A decides to establish his own firm in Clover City without soliciting work from ABC’s clients, including Clover City for a period of time. However, after a year has passed, Engineer A begins soliciting work from ABC’s clients, including Clover City. There was no “no-compete agreement” between Engineer A and ABC Engineering Company.
Content Length
194 chars
HTML Length
194 chars
Plain Text Length
395 chars
Embedding Dimension
384
Compatible
Created
2026-02-13 21:36
Updated
2026-02-13 21:36
Content Preview
Was it ethical for Engineer A to establish his own firm in Clover City? Was it ethical for Engineer A to begin soliciting work from ABC’s clients, including Clover City, after a year had passed?
Similar Cases
Find cases with similar D-tuple components, provisions, and tags.
Find Similar CasesD-tuple Component Breakdown
235
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Winding-Down Firm Staff Engineer Seeking Independent Project Completion
A licensed professional engineer employed by a firm that is winding down its operations who seeks to offer services...
ABC Engineering Company Employer Losing Engineer to Client Suggestion
ABC Engineering Company is the employer whose key engineer (Engineer A) is being encouraged by a major client...
ABC Firm Principal Losing Staff to Client-Initiated Departure
Principal of ABC engineering firm whose staff engineer (Engineer A) was solicited by major client Clover City and...
Voluntary Non-Solicitation Period Engineer
A licensed professional engineer who, upon departing an employer to establish a competing firm, voluntarily refrains...
Client-Suggested Independent Firm Founder Engineer
A licensed professional engineer employed by a firm who is affirmatively encouraged by the firm's client to...
Engineer A ABC Employee Water Treatment Report Developer
As an employee of ABC Engineering Company, Engineer A developed the water treatment plant expansion report for...
Engineer A Client-Suggested Independent Firm Founder
Clover City officials suggested Engineer A open his own engineering company, indicating they would consider a...
Engineer A Voluntary Non-Solicitation Period Departing Engineer
Engineer A established his own firm and voluntarily refrained from soliciting ABC's clients (including Clover City)...
Non-Disclosing Client-Solicited Departing Staff Engineer
A licensed professional engineer employed (as staff, not partner or principal) by a firm who is approached by the...
Engineer A Non-Disclosing Client-Solicited Departing Staff Engineer
Staff engineer at ABC who was approached by Clover City expressing interest in his independent services, declined...
Clover City Municipal Client
Municipal client of ABC engineering firm that expressed interest in retaining Engineer A independently after...
Engineers X Y Z Client-Solicited Departing Staff Engineers Case 86-5
Three staff engineers at Engineer A's firm in Case 86-5 who developed a proposal for the city, were then approached...
Engineer A Firm Principal Case 86-5
Principal of a large engineering firm in Case 86-5 whose three staff engineers were solicited by the city client to...
Four Departing Engineers Case 77-11
Four engineers who left a firm, founded a new competing firm, and contacted former clients; found not in violation...
Winding-Down Firm Engineer Case 79-10
An engineer employed by a firm winding down its operations who sought to offer services to complete projects under...
Clover City Municipal Engineering Client
Clover City is the municipal client that retained ABC Engineering Company for the water treatment plant expansion...
16 entities
Principles
P
w=0.2
384D
Voluntary Non-Solicitation Period Demonstrated by Engineer A
Engineer A voluntarily refrained from soliciting ABC's clients, including Clover City, for approximately six months...
Client Autonomy Invoked for Clover City Suggestion to Engineer A
Clover City's suggestion that Engineer A open his own firm and its indication that it would consider retaining him...
Voluntary Non-Solicitation Period Applied to Engineer A Six-Month Restraint
Engineer A's voluntary decision to refrain from soliciting ABC's clients, including Clover City, for approximately...
Faithful Agent Obligation Applied to Engineer A During ABC Employment
While employed at ABC, Engineer A owed faithful service to ABC as his employer; the question of whether his...
Free and Open Competition Applied to Engineer A Post-Departure Solicitation Permissibility
Engineer A's solicitation of Clover City and other former ABC clients after one year is presumptively permissible...
Post-Employment Confidential Information Non-Use Applied to ABC Water Treatment Report
Engineer A may not exploit ABC's proprietary water treatment plant expansion report content, client-specific data,...
Non-Self-Serving Advisory Obligation Applied to Engineer A Elevated Storage Tank Initiative
Engineer A's out-of-scope work on the elevated storage tank must be evaluated for whether it was genuinely in ABC's...
Prudential Disclosure Applied to Engineer A Non-Disclosure of Clover City Solicitation
Engineer A's failure to disclose Clover City's solicitation to ABC was not necessarily an ethical violation, but...
Tripartite Interest Balancing Invoked in Engineer A ABC Clover City Departure
The ethical evaluation of Engineer A's departure from ABC to establish an independent firm must balance: (1) Clover...
At-Will Employment Symmetry Invoked for Engineer A Departure Right
Engineer A's right to depart ABC and establish an independent firm is the reciprocal of ABC's right to terminate...
Prudential Disclosure as Relational Self-Protection
Professional virtue principle recognizing that even when disclosure of adverse professional information is not...
Non-Self-Serving Advisory Obligation
Professional principle requiring engineers who provide advisory recommendations to clients to ensure that their...
Competitive Employment Freedom Invoked for Engineer A Post-Departure Solicitation
Engineer A's solicitation of ABC's clients, including Clover City, after one year is permissible under the principle...
Free Enterprise Departure Right Invoked for Engineer A
The BER affirmed that Engineer A's decision to break off from ABC Engineering and establish his own firm raises no...
Client Autonomy Invoked for Clover City Service Provider Selection
The BER recognized Clover City's fundamental right to retain the engineering firm or individual of its choice,...
Staff Engineer Reduced Departure Constraint Applied to Engineer A
The Board explicitly noted that Engineer A was an employee of ABC and not a partner or principal of the firm,...
Voluntary Non-Solicitation Period as Ethical Transition Practice
Professional virtue principle recognizing that an engineer who voluntarily refrains from soliciting a former...
Faithful Agent Obligation Within Ethical Limits
Relational principle requiring engineers to act as faithful agents and trustees of their clients and employers -...
Tripartite Interest Balancing in Engineer Departure Scenarios
Fundamental ethical principle establishing that when an engineer departs from an employer firm to establish an...
At-Will Employment Symmetry and Engineer Mobility Right
Relational principle establishing that the freedom of an employed engineer to depart from an employer and move to a...
Competitive Employment Freedom With Confidentiality Constraint
Relational principle establishing that engineers are not unduly limited or penalized in their freedom to accept...
Client Autonomy in Engineering Service Provider Selection
Relational principle recognizing that a client has a fundamental right to retain the engineering firm or individual...
Speculative Work Non-Entitlement to Subsequent Contract Award
Professional principle establishing that an engineer's speculative or at-risk contribution to a client's project...
Post-Employment Confidential Information Non-Use Prohibition
Relational principle prohibiting engineers who, during prior employment, gained access to confidential and...
Free and Open Competition as Engineering Ethics Boundary Condition
Fundamental principle recognizing that free and open competition is a basic legal and ethical rule governing...
Client-Initiated Departure Moral Responsibility Shift Principle
Relational principle establishing that when a client - rather than the engineer - initiates the suggestion or...
Speculative Work Non-Entitlement Applied to Elevated Storage Tank Out-of-Scope Work
Engineer A's out-of-scope work on the elevated storage tank portion of the water treatment report - performed...
Client-Initiated Departure Moral Responsibility Shift Applied to Clover City Suggestion
Because Clover City - not Engineer A - initiated the suggestion that Engineer A open his own firm, the moral...
Non-Disclosing Client-Solicited Departure Contextual Permissibility Principle
Relational principle establishing that an engineer who departs from an employer to establish independent practice in...
Staff Engineer Reduced Departure Constraint Relative to Partner Principle
Relational principle establishing that the ethical constraints on departure conduct - including obligations...
Tripartite Interest Balancing Applied to Engineer A Departure
The BER explicitly balanced (1) Clover City's interest in retaining Engineer A's services, (2) Engineer A's interest...
Specialized Knowledge Constraint Absence Permitting Engineer A Competition
The BER found that unlike Case 77-11, Engineer A did not obtain particular specialized knowledge as an employee of...
Post-Employment Confidential Information Non-Use Invoked in Engineer A Analysis
The BER's reference to NSPE Code Sections III.4., III.4.a., III.4.b. and the specialized knowledge analysis...
Non-Disclosing Client-Solicited Departure Permissibility Applied to Engineer A
Unlike Case 86-5 where Engineers X, Y, Z disclosed client interest to their employer before departing, Engineer A...
Comparative Case Precedent Distinguishing Applied Across Cases 77-11 86-5 79-10
The BER systematically compared the present case with Cases 77-11, 79-10, and 86-5, identifying material factual...
Prudential Disclosure as Relational Self-Protection Noted for Engineer A Non-Disclosure
The BER's observation that Engineer A did not disclose Clover City's interest to ABC - while finding this not...
Faithful Agent Obligation Applied to Engineer A Declining Immediate Clover City Offer
Engineer A's initial declination of Clover City's apparent offer of work while still employed at ABC reflects the...
Free and Open Competition Boundary Condition Applied to Engineer A Post-Departure Solicitation
The BER affirmed that Engineer A's eventual solicitation of Clover City's business after the voluntary waiting...
38 entities
Obligations
O
w=0.15
384D
Engineer A Voluntary Non-Solicitation Period One Year Compliance
Engineer A voluntarily refrained from soliciting ABC's clients, including Clover City, for approximately six months...
Engineer A Specialized Knowledge Absence Competition Permissibility Assessment
Engineer A was obligated to assess whether he had acquired specialized knowledge during his employment at ABC...
Engineer A Post-Employment Confidential Information Non-Use ABC Water Treatment Report
Engineer A was obligated to refrain from exploiting ABC's proprietary water treatment plant expansion report...
Engineer A Post-Employment ABC Report Confidentiality Perpetuation
Engineer A was obligated to continue protecting the confidential content of the ABC water treatment plant expansion...
Engineer A Clover City Solicitation Non-Disclosure to ABC During Employment
Engineer A was obligated to weigh whether to disclose Clover City's suggestion that he open an independent firm to...
Engineer A Elevated Storage Tank Out-of-Scope Work Non-Self-Serving Motivation Assessment
Engineer A was obligated to ensure that his out-of-scope work on the elevated storage tank portion of the water...
Engineer A ABC Water Treatment Report Proprietary Content Non-Exploitation
Engineer A was obligated to refrain from exploiting the specific proprietary content, client-specific data, and...
Engineer A Departing Solicitation Honesty Non-Disparagement of ABC
Engineer A was obligated, when soliciting Clover City and other former ABC clients after one year, to conduct that...
Engineer A Active Project Declination While Employed at ABC
While still employed at ABC, Engineer A was obligated to decline Clover City's apparent offer of independent work;...
Engineer A Independent Departure Motivation Verification
Engineer A was obligated to ensure that his departure from ABC was independently motivated by legitimate...
Engineer A Free Enterprise Departure Right Non-Proscription Recognition
The BER was obligated to recognize that Engineer A's decision to depart ABC and establish an independent firm raised...
Engineer A Elevated Storage Tank Work Attribution in Independent Solicitation
Engineer A was obligated, when soliciting the elevated storage tank design contract independently, to accurately...
Engineer A Client-Suggested Departure Faithful Agent Non-Concealment from ABC
Engineer A was obligated, upon receiving Clover City's suggestion that he open an independent firm, to refrain from...
Engineer A Faithful Agent Duty to ABC During Active Clover City Project
Engineer A was obligated to act as a faithful agent of ABC Engineering Company throughout his employment, including...
Four Engineers Case 77-11 Specialized Knowledge Violation
The four engineers who departed their firm in Case 77-11 were obligated to refrain from competing for projects on...
Engineer A Staff Role Calibrated Departure Constraint Recognition
The ethical evaluation of Engineer A's departure conduct was obligated to account for his role as a staff employee...
Engineer A Faithful Agent Conduct During ABC Employment
While employed at ABC, Engineer A was obligated to act as a faithful agent of ABC, serving its interests loyally -...
Voluntary Non-Solicitation Period Ethical Transition Compliance Obligation
Duty of a licensed professional engineer who voluntarily commits to refraining from soliciting a former employer's...
Engineer A Speculative Elevated Storage Tank Work Non-Entitlement Acknowledgment
Engineer A was obligated to recognize and acknowledge that his out-of-scope, speculative work on the elevated...
Client Solicitation Departure Non-Disclosure Prudential Weighing Obligation
Duty of a licensed professional engineer who, while still employed, is approached by the employer's client with an...
Out-of-Scope Initiative Non-Self-Serving Faithful Agent Obligation
Duty of a licensed professional engineer who, while employed by a firm, undertakes work beyond the contracted scope...
Post-Employment Former Employer Client Competitive Solicitation Permissibility Boundary Obligation
Duty of a licensed professional engineer who has departed from an employer and established an independent competing...
Former Employer Proprietary Report Content Non-Exploitation in Independent Practice Obligation
Duty of a licensed professional engineer who, during prior employment, developed proprietary reports, analyses, or...
Elevated Storage Tank Out-of-Scope Work Employer Attribution and Credit Obligation
Duty of a licensed professional engineer who, while employed by a firm, performed out-of-scope work on a client...
Client-Suggested Departure Faithful Agent Non-Concealment Obligation
Duty of a licensed professional engineer who, while employed and actively serving a client on behalf of the...
Engineer A Post-Departure Clover City Solicitation Honesty Compliance
Engineer A was obligated, when soliciting Clover City and other ABC clients after one year, to conduct that...
Engineer A Voluntary Six-Month Non-Solicitation Period Compliance
Engineer A was obligated to honor his voluntary commitment to refrain from soliciting ABC's clients, including...
Specialized Knowledge Post-Departure Competition Constraint Obligation
Duty of a licensed professional engineer who departs from an employer to establish a competing firm to refrain from...
Tripartite Interest Balancing Departure Conduct Self-Assessment Obligation
Duty of a licensed professional engineer who departs from an employer firm to establish an independent competing...
Active Project Declination During Employment Before Independent Departure Obligation
Duty of a licensed professional engineer who, while still employed by a firm, is approached by the employer's client...
Staff Engineer Role-Calibrated Departure Constraint Recognition Obligation
Duty of a licensed professional engineer who is a staff employee (rather than a partner or principal) of a firm to...
Client-Solicited Departure Disclosure Non-Mandatory But Prudentially Advisable Recognition Obligation
Duty of a licensed professional engineer who is approached by the employer's client with an invitation to establish...
Independent Departure Motivation Verification Obligation
Duty of a licensed professional engineer who departs from an employer to establish an independent competing firm -...
Free Enterprise Departure Right Non-Ethical-Proscription Recognition Obligation
Duty of a licensed professional engineer, and of professional ethics evaluators, to recognize that an engineer's...
BER Tripartite Interest Balancing Application Engineer A ABC Clover City
The ethical evaluation of Engineer A's departure conduct required balancing: (1) Clover City's interest in retaining...
Engineer A Non-Disclosure of Clover City Solicitation to ABC Prudential Assessment
Engineer A was not strictly required to disclose Clover City's solicitation to ABC before departing, but voluntary...
Engineers X Y Z Case 86-5 Disclosure Before Resignation Compliance
Engineers X, Y, and Z fulfilled the prudential disclosure obligation by disclosing to their employer (Engineer A's...
Engineer A Post-Employment Solicitation Permissibility After Voluntary Period
After the voluntary non-solicitation period elapsed, Engineer A was ethically permitted to solicit Clover City's...
Engineer A Out-of-Scope Elevated Storage Tank Work Non-Entitlement Recognition
Engineer A was obligated to recognize that his out-of-scope work on the elevated storage tank portion of the water...
39 entities
States
S
w=0.1
384D
Conflict of Interest - Engineer A Dual Loyalty
Engineer A's competing interests between loyalty to ABC Engineering Company (current employer) and personal interest...
Free Competition Framework Active - Engineer A Post-Departure
The legal and ethical framework permitting Engineer A to compete for engineering work, including from former...
Three-Party Interest Balancing in Engineer A Departure from ABC
The ethical evaluation framework applied to Engineer A's departure from ABC and subsequent competition for Clover City
Engineer A Non-Principal Employee Status Mitigating Departure Severity
Engineer A's status as an employee (not partner or principal) of ABC at the time of departure
No Written Non-Compete Agreement Between Engineer A and ABC
Engineer A's post-employment competitive conduct relative to ABC Engineering
Voluntary Solicitation Moratorium State - Engineer A
Engineer A's voluntary decision to refrain from soliciting ABC's clients, including Clover City, for an unspecified...
ABC-CloverCity Active Contract State
ABC Engineering Company's contractual relationship with Clover City for water treatment plant expansion report
Elevated Storage Tank Out-of-Scope Work State
Engineer A's inclusion of elevated storage tank funding elements in the report without a separate contract
Clover City Engineer Independence Encouragement State
Clover City officials' suggestion that Engineer A open an independent firm and their signal of intent to award contracts
Clover City Relationship Tied Exclusively to Engineer A Not ABC Firm
Clover City's professional relationship with ABC, found to be attributable solely to Engineer A's presence rather...
City-Initiated Independence Encouragement from Clover City to Engineer A
Clover City's expression of interest in Engineer A establishing an independent practice and its preliminary interest...
Post-Employment Client Solicitation State - Engineer A
Engineer A's post-departure solicitation of ABC's clients, including Clover City, after the voluntary moratorium...
Informal Pre-Award Commitment for Tank Design State
Clover City's informal signal of intent to award Engineer A's new firm the elevated storage tank design contract and...
No Written Non-Compete Agreement State - Engineer A and ABC
Absence of any formal written non-compete or non-solicitation agreement between Engineer A and ABC Engineering Company
At-Will Professional Mobility State - Engineer A
Engineer A's legal and ethical freedom to depart ABC and establish an independent firm in the absence of contractual...
Free Enterprise Professional Mobility Framework Active
Engineer A's right to depart ABC and establish an independent firm
Free and Open Competition Framework Governing Engineer A's Post-Departure Conduct
The legal and ethical environment governing Engineer A's right to compete for Clover City contracts after departing ABC
Engineer A Voluntary One-Year Solicitation Moratorium
Engineer A's voluntary decision to wait over one year before competing with ABC for Clover City work
Engineer A Pre-Departure Non-Disclosure of Clover City Interest to ABC
Engineer A's failure to disclose Clover City's expressed interest in his independent services to ABC before resigning
Out-of-Scope Work Performed Without Contract State
State in which an engineer employed by a firm performs substantive professional work - including design elements,...
City-Initiated Engineer Independence Encouragement State
State in which a public client entity - having developed a favorable relationship with an individual engineer...
Voluntary Self-Imposed Solicitation Moratorium State
State in which a departing engineer, in the absence of any contractual non-compete obligation, voluntarily refrains...
Absence of Specialized Knowledge Bar for Engineer A
Engineer A's absence of specialized knowledge gained at ABC that would restrict competition - the inverse/negated...
Client Relationship Tied to Individual Engineer Rather Than Firm State
State in which a client's professional relationship with an engineering firm is found to be attributable solely to...
Pre-Departure Client Interest Non-Disclosure State
State in which a departing engineer, aware that a client has expressed interest in retaining the engineer's...
25 entities
Resources
Rs
w=0.1
384D
NSPE-Code-Engineer-Solicitation-Competition
Governs how Engineer A may ethically approach Clover City and other former employer clients when soliciting new...
BER-Case-Precedent-Engineer-Departure-Client-Solicitation
Prior BER decisions addressing analogous situations where engineers left firms to establish competing practices and...
BER-Case-86-5
Primary analogical precedent: engineers who developed a proposal for their firm were subsequently approached by the...
Cooling-Off-Period-Framework-Client-Solicitation
Engineer A voluntarily abstained from soliciting ABC's clients for six months before establishing his firm, and then...
NSPE-Code-Confidentiality-Loyalty-Obligation
Addresses Engineer A's duty to protect proprietary information and work product developed while employed at ABC...
NSPE-Code-of-Ethics-Primary
Primary normative authority for evaluating all aspects of Engineer A's conduct: departure from ABC, establishment of...
BER-Case-79-10
Precedent finding it ethical for an engineer employed by a winding-down firm to offer services to complete projects...
NSPE-Code-of-Ethics-Engineer-Departure-Competition
Governs Engineer A's ethical obligations when leaving ABC Engineering to establish an independent firm, including...
Engineer-Departure-Competition-Ethics-Standard
Governs the ethical boundaries applicable when Engineer A leaves ABC Engineering to establish an independent firm,...
NSPE-Code-Sections-III.4-III.4a-III.4b
Cited as the primary normative authority governing confidential information use, promotional activities, and...
BER-Case-77-11
Precedent establishing that engineers who leave a firm and contact former clients are not per se in violation of the...
NSPE-Code-Post-Employment-Client-Solicitation
Addresses the ethical permissibility of Engineer A soliciting Clover City (a former employer's client) after one...
Post-Employment-Client-Solicitation-Ethics-Standard
Applied to evaluate the ethical permissibility of Engineer A's eventual solicitation of Clover City (a major former...
Engineer-Confidentiality-Loyalty-Obligation-Standard
Applied to assess whether Engineer A improperly used confidential technical information or specialized knowledge...
Multi-Party-Interest-Balancing-Framework-Departure
Analytical framework articulated across BER Cases 77-11, 79-10, and 86-5 requiring the Board to balance (1) client's...
15 entities
Actions
A
w=0.1
384D
Withheld Client Overture from ABC
Expanded Report Scope Unilaterally
Established Independent Engineering Firm
Self-Imposed Client Solicitation Moratorium
Initiated Solicitation of Former Employer Clients
5 entities
Events
E
w=0.08
384D
Client Relationship Formed
Report Delivered and Paid
Clover City Overture Occurs
Moratorium Period Elapses
No Non-Compete Agreement Exists
ABC Client Base Exposed to Competition
6 entities
Capabilities
Ca
w=0.07
384D
Engineer A No-Compete Absence Ethical Obligation Persistence Recognition
Engineer A was required to recognize that the absence of a formal no-compete agreement with ABC did not eliminate...
Engineer A Post-Departure Clover City Solicitation Uncertainty Acknowledgment
Engineer A recognized that Clover City's pre-departure expressions of interest did not guarantee post-departure...
Engineer A Faithful Agent Client Benefit Primacy During ABC Employment
Engineer A was required to recognize that his duty as faithful agent to ABC required carrying out the Clover City...
Engineer A Client-Relationship-Dependent Firm Goodwill Assessment
Engineer A (and the BER evaluating his conduct) assessed that ABC's business with Clover City was attributable to...
BER Ethics Board Client-Relationship-Dependent Goodwill Assessment Application
The BER assessed that ABC's goodwill interest in Clover City was diminished because the client relationship was...
BER Ethics Board Staff vs Partner Role-Calibrated Departure Constraint Differentiation
The BER correctly identified and applied the distinction between staff engineer and partner/principal roles to...
Engineer A Staff Role Departure Constraint Self-Recognition
Engineer A implicitly recognized that as a staff employee rather than a partner or principal, his departure...
BER Ethics Board Independent Departure Motivation Assessment
The BER assessed and verified that Engineer A's departure motivation was independent from client solicitation...
BER Ethics Board Three-Precedent Employment Transition Triangulation
The BER retrieved and triangulated among BER Cases 77-11, 79-10, and 86-5 to synthesize a normative framework for...
Engineer A Departing Engineer Client Solicitation Honest Representation
Engineer A conducted his post-departure solicitation of Clover City and other former ABC clients honestly, without...
Four Engineers Case 77-11 Specialized Knowledge Restriction Failure
The four engineers in Case 77-11 failed to correctly assess that their specialized knowledge acquired during...
Engineer A Client-Impetus Mitigating Factor Assessment
Engineer A and the BER assessed that Clover City's affirmative suggestion that Engineer A open an independent firm...
BER Ethics Board Free Enterprise Departure Right Non-Proscription Recognition
The BER recognized that Engineer A's decision to establish an independent engineering firm raised no general ethical...
Engineer A Client-Solicited Departure Employer Disclosure Weighing
Engineer A possessed the capability to weigh whether Clover City's suggestion that he open an independent firm...
Engineer A Speculative Elevated Storage Tank Work Non-Entitlement Acknowledgment
Engineer A was required to recognize that his out-of-scope, speculative work on the elevated storage tank portion of...
Engineer A Voluntary Six-Month Non-Solicitation Temporal Compliance
Engineer A possessed the capability to track and honor his voluntary commitment to refrain from soliciting ABC's...
Engineer A Active Project Declination During ABC Employment
Engineer A recognized and fulfilled the faithful agent obligation to decline Clover City's apparent offer of...
Engineer A Voluntary Competitive Abstention Period Ethical Weight
Engineer A recognized the ethical significance of voluntarily refraining from competitive solicitation for over a...
BER Ethics Board Voluntary Abstention Ethical Weight Recognition
The BER recognized Engineer A's voluntary one-year abstention from competitive solicitation as ethically significant...
Engineer A Independent Departure Motivation Verification
Engineer A's departure from ABC was motivated by factors independent from his relationship with Clover City,...
Engineer A Departing Employee Specialized Knowledge Absence Self-Assessment
Engineer A assessed that he had not acquired particular specialized knowledge during his employment at ABC that...
Engineer A Out-of-Scope Initiative Non-Self-Serving Motivation Verification
Engineer A was required to critically examine whether his initiative in developing the elevated storage tank portion...
Engineer A Disclosure Non-Mandatory But Prudentially Advisable Self-Assessment
Engineer A navigated the distinction between mandatory and prudentially advisable disclosure, choosing not to...
Engineers X Y Z Case 86-5 Disclosure Non-Mandatory Prudential Execution
Engineers X, Y, and Z in Case 86-5 chose to disclose the client's interest to their employer before resigning - a...
Out-of-Scope Initiative Employer Attribution Non-Self-Serving Motivation Verification Capability
Capability of a licensed professional engineer who, while employed by a firm, undertakes work beyond the contracted...
Client-Solicited Departure Employer Disclosure Weighing Capability
Capability of a licensed professional engineer who, while still employed, is approached by the employer's client...
Voluntary Non-Solicitation Commitment Temporal Compliance Monitoring Capability
Capability of a licensed professional engineer who has voluntarily committed to refraining from soliciting a former...
Former Employer Proprietary Report Non-Exploitation in Competitive Solicitation Capability
Capability of a licensed professional engineer who, during prior employment, developed proprietary reports,...
Elevated Storage Tank Out-of-Scope Work Attribution Accuracy in Independent Solicitation Capability
Capability of a licensed professional engineer who, while employed by a firm, performed out-of-scope work on a...
No-Compete Agreement Absence Ethical Obligation Persistence Recognition Capability
Capability of a licensed professional engineer to recognize that the absence of a formal no-compete agreement...
Engineer A Voluntary Non-Solicitation Self-Binding Honesty Recognition
Engineer A was required to recognize that his voluntary decision to refrain from soliciting ABC clients - even...
Engineer A Post-Departure Clover City Solicitation Honest Representation
Engineer A was required to conduct his post-departure solicitation of Clover City and other ABC clients with full...
Engineer A ABC Water Treatment Report Proprietary Content Non-Exploitation
Engineer A was required to refrain from exploiting the specific proprietary content, client-specific data, and...
Engineer A Client Confidentiality Perpetuation Post-Departure
Engineer A was required to recognize that the confidential content of the ABC water treatment plant expansion report...
Engineer A Elevated Storage Tank Work Attribution Accuracy in Solicitation
Engineer A was required to accurately calibrate the credit he could claim for the elevated storage tank work when...
Engineer A Client-Impetus Mitigating Factor Assessment for Clover City Solicitation
Engineer A was required to assess whether Clover City's proactive suggestion that he open an independent firm...
Engineer A BER Employment Transition Multi-Precedent Synthesis
Engineer A (and any ethics reviewer of his conduct) was required to retrieve, analyze, and synthesize multiple BER...
Engineer A Departing Employee Specialized Knowledge Competitive Restriction Self-Assessment
Engineer A was required to self-assess whether his specialized knowledge of the Clover City water treatment project...
Engineer A At-Will Employment Reciprocity Ethical Boundary Recognition
Engineer A was required to recognize that the at-will employment relationship with ABC - and the absence of a...
ABC Engineering Company Employer-Employee Trust Proactive Disclosure Expectation
ABC Engineering Company, as Engineer A's employer, had a legitimate expectation that Engineer A would proactively...
Engineer A Perpetual Loyal Devotion Non-Extension to Former Employer Recognition
Engineer A was required to recognize that his faithful agent obligations to ABC during employment did not extend...
Post-Departure Client Solicitation Uncertainty Acknowledgment Capability
Capability of a licensed professional engineer who departs from an employer and subsequently solicits a former...
Client-Relationship-Dependent Firm Goodwill Assessment Capability
Capability of a licensed professional engineer, ethics reviewer, or firm principal to assess whether a client's...
Staff vs Partner Role-Calibrated Departure Constraint Differentiation Capability
Capability of a licensed professional engineer and of ethics reviewers to recognize that the ethical constraints...
Active Project Declination During Employment Faithful Agent Compliance Capability
Capability of a licensed professional engineer who, while still employed by a firm, is approached by the employer's...
Voluntary Competitive Abstention Period Ethical Weight Recognition Capability
Capability of a licensed professional engineer to recognize that voluntarily refraining from competitive...
Independent Departure Motivation Verification Capability
Capability of a licensed professional engineer who departs from an employer to establish a competing firm -...
Disclosure Non-Mandatory But Prudentially Advisable Distinction Capability
Capability of a licensed professional engineer to correctly distinguish between disclosures that are ethically...
BER Three-Precedent Employment Transition Triangulation Capability
Capability of a licensed professional engineer or ethics reviewing body to retrieve, analyze, and triangulate among...
BER Ethics Board Multi-Party Competing Interest Balance Engineer A Case
The BER applied the tripartite interest balancing framework - weighing Clover City's interest in retaining its...
Engineer A No-Compete Agreement Absence Ethical Obligation Persistence Recognition
Engineer A recognized that the absence of a formal no-compete agreement with ABC did not eliminate his ethical...
51 entities
Constraints
Cs
w=0.08
384D
Engineer A Voluntary One-Year Solicitation Moratorium Binding Constraint
Engineer A was ethically bound by his voluntary decision to refrain from soliciting ABC's clients, including Clover...
Clover City Informal Interest Non-Guarantee of Future Award to Engineer A
Clover City's preliminary expression of interest in Engineer A's future independent services did not constitute a...
Case 77-11 Four Engineers Specialized Knowledge Violation
The four engineers who departed their firm in Case 77-11 violated the NSPE Code by competing for projects on which...
Engineer A Post-Departure Competitive Mobility Permissibility Constraint
Engineer A was ethically permitted to depart ABC and establish a competing firm in the absence of a written...
Engineer A Free Enterprise Departure No General Ethical Proscription
Engineer A's decision to establish an independent engineering firm raised no general ethical proscription under the...
Engineer A No Specialized Knowledge Bar to Competition with ABC
Unlike the engineers in Case 77-11, Engineer A did not acquire particular specialized knowledge at ABC Engineering...
Engineer A Non-Principal Employee Status Departure Mitigation
Engineer A's status as an employee (not a partner or principal) of ABC Engineering Company at the time of departure...
Engineer A Clover City Relationship Individual-Tied Attribution Mitigation
Clover City's professional relationship with ABC Engineering Company was found to be attributable solely to Engineer...
Engineer A Pre-Departure Non-Disclosure Independent Motivation Sufficiency
Engineer A's failure to disclose Clover City's expressed interest in his independent services to ABC before...
Engineers X Y Z Case 86-5 Pre-Resignation Disclosure Compliance
Engineers X, Y, and Z fulfilled the faithful agent conflict disclosure obligation by disclosing to their employer...
Engineer A Active Project Declination While Employed at ABC
While still employed at ABC, Engineer A was required to and did decline Clover City's apparent offer of independent...
Engineer A No Written Non-Compete Agreement Free Competition Permissibility
The absence of a formal written non-compete agreement between Engineer A and ABC Engineering Company, combined with...
Engineer A ABC Water Treatment Report Proprietary Content Non-Exploitation Constraint
Engineer A was constrained from exploiting the specific proprietary content, client-specific data, and confidential...
Engineer A Clover City Suggestion Faithful Agent Conflict Disclosure Constraint
Engineer A was constrained from concealing Clover City's suggestion that he open an independent firm and the city's...
Engineer A Post-Employment NSPE Code III.4 Tripartite Obligation Compliance
Engineer A remained subject to NSPE Code Sections III.4, III.4.a, and III.4.b after departing ABC, prohibiting him...
Engineer A Elevated Storage Tank Out-of-Scope Work Competitive Non-Exploitation Constraint
Engineer A was constrained from exploiting the goodwill, technical content, and client relationship generated by his...
Engineer A Elevated Storage Tank Work Attribution Non-Misrepresentation Constraint
Engineer A was constrained, when soliciting the elevated storage tank design contract independently, to accurately...
Engineer A Post-Moratorium Clover City Solicitation Honorable Conduct Constraint
Engineer A was constrained, when soliciting Clover City after the moratorium period, to conduct that solicitation...
Engineer A Non-Principal Employee Status Mitigating Departure Severity Constraint
Engineer A's status as a non-principal employee of ABC - rather than a partner or principal - was a relevant...
Engineer A Post-Employment ABC Confidentiality Perpetuation Constraint
Engineer A's duty of trust and loyalty to ABC - including the obligation to protect confidential information and...
Engineer A Speculative Tank Work Non-Entitlement to Preferential Award Constraint
Engineer A's out-of-scope, speculative work on the elevated storage tank funding portion of the ABC report did not...
Engineer A Whose Interests Are Being Served Out-of-Scope Work Self-Assessment Constraint
Engineer A was constrained to affirmatively self-assess whose interests were being served by his out-of-scope...
Client-Initiated Departure Encouragement Faithful Agent Conflict Disclosure Constraint
Ethical constraint requiring that a licensed professional engineer who, while actively employed and serving a client...
Out-of-Scope Employer-Funded Work Product Competitive Non-Exploitation Constraint
Ethical constraint prohibiting a licensed professional engineer who, while employed by a firm, performed work beyond...
Voluntary Solicitation Moratorium Self-Binding Ethical Compliance Constraint
Ethical constraint establishing that a licensed professional engineer who voluntarily commits - without contractual...
Elevated Storage Tank Out-of-Scope Work Attribution Non-Misrepresentation Constraint
Ethical constraint requiring that a licensed professional engineer who, while employed by a firm, performed...
Engineer A ABC Faithful Agent Duty During Active Clover City Project Constraint
Engineer A was constrained to balance the three-party interests of Clover City's right to choose its engineer, ABC's...
Clover City Officials Informal Pre-Award Tank Contract Promise Non-Reliance Constraint
Engineer A was constrained from relying upon or structuring business expectations around Clover City officials'...
Engineer A Post-Departure ABC Client Solicitation Free Competition Framework Constraint
Engineer A's post-departure solicitation of Clover City and other ABC clients was governed by the legal and ethical...
Clover City Officials Informal Tank Contract Promise Appearance of Impropriety Constraint
Clover City officials were constrained from informally promising Engineer A's new firm a retainer and the elevated...
BER Tripartite Interest Balancing Engineer A ABC Clover City Application
The BER's ethical assessment of Engineer A's departure from ABC and subsequent competition for Clover City work was...
Specialized Knowledge Post-Departure Competition Restriction Constraint
Ethical constraint establishing that a licensed professional engineer who departs from an employer firm and...
Client-Relationship-to-Individual Attribution Departure Ethical Mitigation Constraint
Ethical constraint establishing that when a client's professional relationship with an engineering firm is found to...
Departure Independent Motivation Non-Disclosure Ethical Sufficiency Constraint
Ethical constraint establishing that a licensed professional engineer's failure to disclose to an employer that a...
Active Project Declination While Employed Faithful Agent Compliance Constraint
Ethical constraint requiring that a licensed professional engineer who, while still employed by a firm, is...
Tripartite Departure Interest Balancing Framework Application Constraint
Ethical and analytical constraint requiring that any assessment of the ethical permissibility of a licensed...
Informal Client Interest Non-Guarantee of Future Award Constraint
Ethical constraint establishing that a licensed professional engineer who, prior to departing from an employer,...
Post-Employment NSPE Code III.4 Adversarial Promotional Confidentiality Tripartite Constraint
Ethical constraint establishing that a licensed professional engineer who has departed from an employer and...
Engineer A Voluntary One-Year Cooling-Off Period Ethical Sufficiency
Engineer A's voluntary decision to wait over one year before competing with ABC for Clover City work - in the...
BER Multi-Case Precedent Integration Engineer Departure Ethics Assessment
The BER's assessment of Engineer A's departure ethics was required to integrate and apply the cumulative guidance...
40 entities
Embeddings: all-MiniLM-L6-v2 (384D, local) | Storage: pgvector (PostgreSQL) | Used for section and component similarity matching