DP2

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

DP2

Is Engineer A obligated to proactively disclose the prior government retention to the contractor at the earliest moment of approach, before any retainer agreement is executed, and does failure to do so constitute an independent ethical violation?

Before or upon being approached by the contractor, Engineer A must decide whether to proactively disclose the prior government retention to the contractor. The contractor is soliciting Engineer A specifically because of Engineer A's prior involvement in the government's forensic investigation of the same dam failure, and the contractor's motivation is to exploit Engineer A's privileged access to the government's investigative strategy and findings. Engineer A must determine whether disclosure of the prior engagement is an independent ethical obligation that arises before any retainer agreement is signed.

At the first moment of contact with the contractor, affirmatively disclose the prior government retention in the same dam failure matter, explain the nature and scope of the confidential access gained, and decline the retainer on the basis that the conflict is irremediable — without waiting for the contractor to inquire.

Refrain from volunteering information about the prior government engagement unless the contractor specifically asks, treating disclosure as a reactive rather than proactive obligation and allowing the retainer negotiation to proceed without Engineer A raising the conflict.

Accept the contractor's retainer first and subsequently disclose the prior government engagement during the course of the engagement, treating post-acceptance disclosure as sufficient to satisfy any transparency obligation.

Former Government Forensic Consultant Approached by Adverse Party