DP3

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

DP3

Should Engineer A allow his professional philosophy of openness and transparency to guide disclosure of the inspection report to all transaction parties, or must he subordinate that philosophy to the client's proprietary right to control distribution of the commissioned report?

Engineer A maintained a personal professional philosophy of openness and dealing straightforwardly with facts, which he appears to have relied upon — at least implicitly — as justification for sharing the inspection report with all parties to the transaction. The NSPE Code also reflects general professional values of honesty and transparency. The question is whether this openness orientation constitutes a legitimate competing ethical principle that can override the client's proprietary interest in controlling disclosure of a commissioned report, or whether client confidentiality and loyalty function as a side-constraint that forecloses such disclosures regardless of the engineer's professional philosophy.

Recognize that the professional value of openness and transparency, while legitimate in engineer-to-public and engineer-to-profession contexts, does not override the client's proprietary right to control distribution of a commissioned report, and withhold the report from the real estate firm absent client consent.

Treat the professional commitment to transparency and straightforward dealing with facts as a governing principle that justifies sharing accurate inspection findings with all parties to the transaction, including the real estate firm, on the basis that informed parties make better decisions.

Before accepting the engagement, inform prospective clients that Engineer A's standard practice includes sharing inspection findings with all transaction parties, allowing clients to decide whether to retain him on those terms, thereby reconciling the openness philosophy with the client consent requirement.

Engineer A