Divided Loyalty Irreconcilability Invoked in Engineer A Dual-Party Context

@prefix case172: <http://proethica.org/ontology/case/172#> . @prefix owl: <http://www.w3.org/2002/07/owl#> . @prefix proeth: <http://proethica.org/ontology/intermediate#> . @prefix prov: <http://www.w3.org/ns/prov#> . @prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> . @prefix xsd: <http://www.w3.org/2001/XMLSchema#> . case172:Divided_Loyalty_Irreconcilability_Invoked_in_Engineer_A_Dual-Party_Context a proeth:DividedLoyaltyIrreconcilabilityinDual-ClientEngineeringRoles, owl:NamedIndividual ; rdfs:label "Divided Loyalty Irreconcilability Invoked in Engineer A Dual-Party Context" ; proeth:appliedto "Engineer A's sequential retention by plaintiff's attorney and then defense attorney in the same proceeding" ; proeth:balancingwith "Absolute Loyalty Prohibition to Former Clients", "Engineer Professional Autonomy and Independence Preservation Principle" ; proeth:conceptCategory "Principle" ; proeth:concreteexpression "The Board applied the divided loyalty analysis from BER Cases 76-3 and 74-2 to distinguish permissible dual engagement (where loyalties are not divided) from impermissible engagement (where the engineer is effectively on both sides of a divided issue) — finding Engineer A's situation analogous to BER Case 76-3 where the engineer was on both sides" ; proeth:confidence "0.93" ; proeth:discoveredincase "172" ; proeth:discoveredinpass "2" ; proeth:discoveredinsection "discussion" ; proeth:firstdiscoveredat "2026-03-01T18:17:07.586626+00:00" ; proeth:firstdiscoveredincase "172" ; proeth:generatedattime "2026-03-01T18:17:07.586626+00:00" ; proeth:importance "high" ; proeth:interpretation "The Board distinguished BER Case 74-2 (part-time municipal consultants whose loyalties were not divided) from BER Case 76-3 (engineer on both sides of a divided issue) and found Engineer A's situation fell squarely in the latter category — his sequential retention by opposing parties in the same proceeding created an irreconcilable division of loyalty" ; proeth:invokedby "Engineer A Forensic Expert Switching Sides" ; proeth:principleclass "Divided Loyalty Irreconcilability in Dual-Client Engineering Roles" ; proeth:sourcetext "the key distinction between BER Case 74-2 and BER Case 76-3 was that in BER Case 74-2 the engineer's loyalties were not divided, whereas in BER Case 76-3 Engineer A is seen to be on both sides of the divided issue." ; proeth:tensionresolution "The irreconcilability of divided loyalty prevailed; the argument that Engineer A's loyalties were no longer divided because he had terminated the first engagement was rejected because the ethical obligation to the former client persisted" ; proeth:textreferences "It may be argued, as was stated in the earlier BER Case 74-2, that Engineer A's loyalties under these facts were not divided because he had terminated his relationship with plaintiff's attorney.", "the key distinction between BER Case 74-2 and BER Case 76-3 was that in BER Case 74-2 the engineer's loyalties were not divided, whereas in BER Case 76-3 Engineer A is seen to be on both sides of the divided issue.", "we must recognize that while Engineer A may not currently have a professional relationship with a former client, he still has an ethical obligation to that client" ; proeth:wasattributedto "Case 172 Extraction" ; prov:generatedAtTime "2026-03-01T18:28:40.773296"^^xsd:dateTime ; prov:wasGeneratedBy "ProEthica Case 172 Extraction" .