Obligation-Conflict Resolution
Case 16-7 (2016) · Expert Witness—Discovery of New Data Following Submission of Report
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Featured
Engineer A Post-Submission Forensic Report Data Inaccuracy Correction Obligation
prevails over
Engineer A Forensic Expert Faithful Agent Boundary in Error Correction to Attorney X
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Competing Duties — Truthfulness vs. Attorney Reliance
- Engineer A Forensic Report Submitted — Data Error Discovered
Engineer A Error Acknowledgment Forensic Report Data Inaccuracy
prevails over
Engineer A Forensic Expert Faithful Agent Boundary in Error Correction to Attorney X
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Competing Duties — Truthfulness vs. Attorney Reliance
- Engineer A Forensic Report Submitted — Data Error Discovered
Engineer B Forensic Expert Honesty and Integrity Selective Data Defense Violation
prevails over
Engineer B Client Disservice Through Selective Pile Driving Records Omission
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Adversarial Proceeding Fact Polarization
Engineer A Honesty in Professional Representations Forensic Report Correction
prevails over
Engineer A Faithful Agent Boundary in Forensic Report Error Correction
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Competing Duties — Truthfulness vs. Attorney Reliance
- Engineer A Post-Submission Report Error Discovery
Engineer B Adversarial Context Report Completeness Pile Driving Records Omission Violation
prevails over
Engineer B Scope-of-Work Non-Excuse for Pile Driving Records Omission Violation
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Selective Data Omission in Pile Report
- Engineer B Selective Information Omission in Pile Report
Engineer A Adversarial Non-Advocate Objectivity Obligation in Forensic Report Correction
prevails over
Engineer A Adversarial Settlement Context Non-Exemption from Forensic Report Correction
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Adversarial Expert Engagement
- Engineer A Forensic Report Active Litigation Reliance
- Engineer A Post-Submission Report Error Discovery
Engineer B Available Evidence Consultation Before Adverse Opinion Pile Driving Records Violation
prevails over
Engineer B Scope-of-Work Non-Excuse for Pile Driving Records Omission Violation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Selective Data Omission in Pile Report
- Engineer B Selective Information Omission in Pile Report
Engineer B Comparative Testing Methodological Fidelity Vibratory Hammer Equipment Failure Violation
prevails over
Engineer B Client Disservice Through Selective Pile Driving Records Omission
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Adversarial Proceeding Fact Polarization
Engineer B Adversarial Non-Advocate Objectivity Obligation Violated in Pile Adequacy Assessment
prevails over
Engineer B Client Disservice Through Selective Pile Driving Records Omission
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Adversarial Proceeding Fact Polarization
Open tensions recorded without a resolution:
Engineer A Adversarial Context Report Completeness Non-Selectivity vs Engineer A Adversarial Settlement Context Non-Exemption from Forensic Report Correction
Engineer A Adversarial Non-Advocate Objectivity Obligation in Forensic Report Correction vs Engineer A Forensic Expert Faithful Agent Boundary in Error Correction to Attorney X
Engineer A Faithful Agent Boundary in Forensic Report Error Correction vs Engineer A Post-Submission Forensic Report Data Inaccuracy Correction Obligation
Engineer A Forensic Expert Faithful Agent Boundary in Error Correction to Attorney X vs Engineer A Honesty in Professional Representations Forensic Report Correction
Engineer B Adversarial Context Report Completeness Pile Driving Records Omission Violation vs Engineer B Client Disservice Through Selective Pile Driving Records Omission
Engineer B Adversarial Non-Advocate Objectivity Obligation Violated in Pile Adequacy Assessment vs Engineer B Scope-of-Work Non-Excuse for Pile Driving Records Omission Violation
What the board concluded
- Engineer A had an affirmative obligation to step forward and immediately advise Attorney X.
- Since Attorney X was in the middle of negotiations with the defendant's attorney, which may or may not have resulted in a settlement of the case, this was critically important information for Attorney X to have in his possession.
How comparable cases resolved the same tension
A faithful-agent duty yields to a public-protection obligation. The yielding obligation ("Faithful Agent") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
24-01
Balancing Client Directives and Public...
|
Engineer L Client Budget Pressure Refusal | Engineer L Faithful Agent Boundary | Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client |
| Engineer L Client Override Regulatory Report | Engineer L Faithful Agent Boundary | Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client | |
|
20-4
Public Health, Safety, and...
|
Engineer B Post-Override Regulatory Reporting | Engineer B Faithful Agent Boundary | MWC Override of Engineers A and B |
| Engineer A Post-Override Regulatory Reporting | Engineer A Faithful Agent Boundary | MWC Override of Engineers A and B | |
|
95-5
Failure To Include Information In...
|
Engineer B Expert Witness Neutrality | Engineer B Faithful Agent Boundary | Engineer B Adversarial Engagement; Engineer B Client Defense Bias |
| Engineer B Complete Technical Reporting | Engineer B Faithful Agent Boundary | Engineer B Adversarial Engagement; Engineer B Client Defense Bias | |
|
04-8
Public Welfare—Client Action Following...
|
Engineer A Safety Obligation Wetland Fill | Engineer A Faithful Agent Limits Wetland | Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict |
| Engineer A Wetland Confidentiality Limits | Engineer A Faithful Agent Limits Wetland | Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict |