DP1

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

DP1

Should Engineer A accept retention by Attorney X (defense) in the same active personal injury proceeding in which he previously held a confidential plaintiff-side engagement, or decline on the basis that termination of the prior engagement does not cure the structural conflict?

Engineer A, having been retained by Attorney Z on behalf of the plaintiff and having gained access to confidential case documents and strategic analysis, is approached by Attorney X (defense counsel) after his engagement is terminated. Engineer A must decide whether to accept the defense retention in the same active personal injury proceeding, recognizing that termination of the prior engagement does not extinguish his confidentiality and loyalty obligations, and that Attorney X's motivation for seeking him is transparently linked to his prior plaintiff-side access.

Refuse Attorney X's retention on the grounds that the prior plaintiff-side engagement in the same active proceeding creates an irremediable structural conflict that termination alone cannot cure, and that Attorney X's motivation — exploiting prior confidential access — independently disqualifies the engagement.

Accept the defense retention on the basis that the prior engagement was formally terminated, that Engineer A is no longer bound by loyalty to the plaintiff, and that his pledge to produce a separate and independent engineering and safety analysis report is sufficient to manage any residual conflict.

Condition acceptance of the defense retention on obtaining the informed consent of Attorney Z and the plaintiff, recognizing that the Former Client Adversarial Participation Prohibition contains a consent-prerequisite mechanism that could theoretically lift the structural bar if all interested parties agree.

Engineer A