DP6

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

DP6

Should the specialized knowledge constraint be applied individually — restricting only the specific engineer who holds project-specific knowledge from soliciting that client — or collectively — restricting the entire firm from soliciting any client for whom any one principal holds specialized knowledge?

The Board's ruling permits general client solicitation by Firm B while restricting solicitation tied to specialized project knowledge — but the same four engineers who hold specialized knowledge are also the ones conducting all general solicitation. This creates a boundary problem: when a former client receives a solicitation from engineers who worked on that client's specific projects, the solicitation itself signals insider familiarity regardless of whether confidential details are explicitly invoked. The question is how the specialized knowledge constraint should be operationalized when the soliciting engineers and the knowledge-holding engineers are the same individuals acting as a unified firm.

Treat the specialized knowledge constraint as applying to the entire firm whenever any one principal holds project-specific knowledge about a given client's work, on the ground that a firm-level solicitation is inevitably informed by that knowledge regardless of which engineer makes direct contact — and obtain consent of all interested parties before soliciting any such client.

Restrict only the specific engineer who holds project-specific knowledge from participating in solicitation of that client, while permitting the other Firm B principals — who lack the specialized knowledge — to solicit the same client under the general competition framework, with internal firm protocols ensuring the knowledge-holding engineer is screened from the solicitation process.

Permit firm-level solicitation of all former clients but require that all solicitation communications be confined to publicly available information and make no reference — explicit or implicit — to prior project involvement, insider familiarity, or knowledge of the client's specific technical or strategic priorities, thereby operationalizing the specialized knowledge constraint through a conduct standard rather than a categorical recusal.

Firm B Engineers (Four Departing Engineers)