DP14

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP14

Should Engineer B accept the franchiser's engagement under the confidentiality instruction as given, seek clarification of the instruction's rationale before accepting, or condition acceptance on the franchiser's permission to notify Engineer A prior to conducting the review?

Engineer B must decide, at the point of engagement, whether to accept the franchiser's project under the confidentiality instruction as given, seek clarification of the reasons behind the instruction before proceeding, or decline the engagement unless the franchiser permits prior notification to Engineer A — a pre-engagement choice that determines whether ethical compliance with both the faithful agent duty and the peer review notification obligation remains possible.

Proceed with the franchiser's engagement on the terms offered, treating the confidentiality instruction as a legitimate client business preference and relying on the faithful agent duty to govern conduct during the review, with any notification question to be resolved after the review is complete.

Before accepting the engagement, ask the franchiser to explain the rationale for the confidentiality instruction, in order to determine whether the instruction can be reconciled with the peer review notification obligation or whether modified engagement terms — such as permitting limited disclosure to Engineer A — can be negotiated.

Decline to accept the engagement unless the franchiser explicitly permits Engineer B to notify Engineer A of the engagement prior to conducting the review, placing responsibility for any resulting delay or transition difficulty on the franchiser's decision to impose an ethically incompatible instruction.

Engineer B