DP1

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

DP1

Should Engineer A accept the contractor's retainer as expert witness against the U.S. government in the same dam failure matter, notwithstanding that the prior government engagement has been formally completed and compensated?

Engineer A has completed and been paid in full for forensic investigation work performed on behalf of the U.S. government in a dam failure matter. A contractor who has filed a claim against the government arising from the same dam project subsequently approaches Engineer A and offers a retainer to serve as an expert witness. Engineer A must decide whether to accept or decline this adverse engagement, knowing that the prior government engagement gave Engineer A access to confidential forensic findings, investigative methodologies, and strategic analysis belonging to the government.

Refuse the contractor's offer of retention as expert witness in the dam failure claim, recognizing that the 1981 revision of NSPE Code Section III.4.b bars adverse participation using specialized knowledge gained for a former client regardless of whether the prior engagement has been formally terminated and fully compensated.

Accept the contractor's retainer on the condition of pledging to conduct a wholly separate and independent forensic analysis, relying on the formal termination of the government engagement and full payment as sufficient cure of any conflict, and on pre-1981 precedent such as Case 76-3 as justification.

Accept the contractor's retainer without restriction or condition, treating the completed government engagement as a closed matter that creates no continuing ethical obligations, and proceeding to provide expert testimony based on firsthand knowledge of the dam failure facts.

Government-Retained Forensic Engineer Facing Adverse Contractor Solicitation