Engineer A Forensic Expert Switching Sides Prohibition
O · Obligation
Individual
http://proethica.org/ontology/case/106#Engineer_A_Forensic_Expert_Switching_Sides_Prohibition
Properties
Instance of
SwitchingSidesForensicExpertProhibitionObligation
http://proethica.org/ontology/intermediate#SwitchingSidesForensicExpertProhibitionObligation
Case context
Engineer A was initially retained by plaintiff's attorney (Attorney Z) to provide forensic engineering and safety analysis; after determining findings would be unfavorable to plaintiff, Engineer A's services were terminated; defendant's attorney (Attorney X) then sought to retain Engineer A for a 'separate and independent' analysis in the same case.
Compliance status
unmet
Confidence
0.95
Importance
high
Obligated party
Engineer A
Obligation statement
Engineer A was obligated to refrain from accepting retention by Attorney X (defendant's counsel) after having been retained by Attorney Z (plaintiff's counsel) in the same personal injury litigation, because Engineer A had accessed confidential information and documents belonging to the plaintiff during the first engagement that could not be erased from professional judgment.
Temporal scope
Upon being approached by Attorney X following termination by Attorney Z
Relationships
competesWith
Engineer A Adversarial Retention Motivation Awareness, Engineer A Former Client Confidentiality Perpetuation Post-Termination
Source Evidence
Source text
In deciding that Engineer A's actions were not ethical, the Board noted that the mere fact that Engineer A ceased performing services for Attorney Z would not be an adequate solution to the ethical dilemma at hand.
Text references
Engineer A agreed to provide the report.
In deciding that Engineer A's actions were not ethical, the Board noted that the mere fact that Engineer A ceased performing services for Attorney Z would not be an adequate solution to the ethical dilemma at hand.
Nor did the Board believe the latter point that Engineer A would be capable of providing a 'separate and independent' report for the defendant in this case.
TTL
@prefix case106: <http://proethica.org/ontology/case/106#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .
@prefix proeth: <http://proethica.org/ontology/intermediate#> .
@prefix proeth-core: <http://proethica.org/ontology/core#> .
@prefix prov: <http://www.w3.org/ns/prov#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix xsd: <http://www.w3.org/2001/XMLSchema#> .
case106:Engineer_A_Forensic_Expert_Switching_Sides_Prohibition a proeth:SwitchingSidesForensicExpertProhibitionObligation,
owl:NamedIndividual ;
rdfs:label "Engineer A Forensic Expert Switching Sides Prohibition" ;
proeth-core:competesWith case106:Engineer_A_Adversarial_Retention_Motivation_Awareness,
case106:Engineer_A_Former_Client_Confidentiality_Perpetuation_Post-Termination ;
proeth-core:defeasibleUnder <http://proethica.org/ontology/case/106#Engineer_A_Conflict_of_Interest_—_Cross-Side_Adversarial_Retention_BER_85-4>,
<http://proethica.org/ontology/case/106#Engineer_A_Cross-Side_Retention_After_Plaintiff_Confidential_Access_—_BER_Case_85-4> ;
proeth-core:prevailsOver case106:Engineer_A_Adversarial_Retention_Motivation_Awareness ;
proeth:casecontext "Engineer A was initially retained by plaintiff's attorney (Attorney Z) to provide forensic engineering and safety analysis; after determining findings would be unfavorable to plaintiff, Engineer A's services were terminated; defendant's attorney (Attorney X) then sought to retain Engineer A for a 'separate and independent' analysis in the same case." ;
proeth:compliancestatus "unmet" ;
proeth:conceptCategory "Obligation" ;
proeth:confidence "0.95" ;
proeth:derivedFromPrinciple case106:Switching_Sides_Prohibition_Applied_to_Engineer_A_Forensic_Expert_Role_in_BER_Case_85-4 ;
proeth:discoveredincase "106" ;
proeth:discoveredinpass "2" ;
proeth:discoveredinsection "discussion" ;
proeth:firstdiscoveredat "2026-02-28T00:48:58.362061+00:00" ;
proeth:firstdiscoveredincase "106" ;
proeth:generatedattime "2026-02-28T00:48:58.362061+00:00" ;
proeth:importance "high" ;
proeth:obligatedparty "Engineer A" ;
proeth:obligationclass "Switching Sides Forensic Expert Prohibition Obligation" ;
proeth:obligationstatement "Engineer A was obligated to refrain from accepting retention by Attorney X (defendant's counsel) after having been retained by Attorney Z (plaintiff's counsel) in the same personal injury litigation, because Engineer A had accessed confidential information and documents belonging to the plaintiff during the first engagement that could not be erased from professional judgment." ;
proeth:sourcetext "In deciding that Engineer A's actions were not ethical, the Board noted that the mere fact that Engineer A ceased performing services for Attorney Z would not be an adequate solution to the ethical dilemma at hand." ;
proeth:temporalscope "Upon being approached by Attorney X following termination by Attorney Z" ;
proeth:textreferences "Engineer A agreed to provide the report.",
"In deciding that Engineer A's actions were not ethical, the Board noted that the mere fact that Engineer A ceased performing services for Attorney Z would not be an adequate solution to the ethical dilemma at hand.",
"Nor did the Board believe the latter point that Engineer A would be capable of providing a 'separate and independent' report for the defendant in this case." ;
proeth:wasattributedto "Case 106 Extraction" ;
prov:generatedAtTime "2026-02-28T00:58:47.918554"^^xsd:dateTime ;
prov:wasGeneratedBy "ProEthica Case 106 Extraction" .
Metadata
Extraction details
Discovered in case
106
Discovered in pass
2
Discovered in section
discussion
First discovered
2026-02-28T00:48:58.362061+00:00
First case
106
Generated
2026-02-28T00:48:58.362061+00:00
Attributed to
Case 106 Extraction
Generated
2026-02-28T00:58:47.918554
Generated by
ProEthica Case 106 Extraction