Advertising - Misstating Credentials
Case 131
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2026-02-13 16:13
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Engineer A should raise the issue of the error with a principal in the firm and note the appropriate requirements under the state board's rules of professional conduct in writing.
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Engineers, as with all professionals are admonished to perform professional services only in areas of their competence. As part of the engineer's relations with his client, employer and the general public the engineer has a fundamental obligation to issue public statements in a objective and truthful manner (Code Section I.3.) In addition, where the engineer is seeking professional engagements, the engineer must always take all reasonable steps to avoid misleading and deceptive acts in the solicitation of professional employment.
Taken together, these three basic principles suggest that the in making offers of professional services to clients or potential clients, as well as in communications with employers, engineers have a basic ethical responsibility to take appropriate steps to ensure that such offers avoid language misleading, deceptive and untruthful language. While we freely acknowledge that this is sometimes a difficult line to draw, we believe that the best method of determining whether the line is violated is by reviewing each individual matter on a case-by-case basis. Over the years, the Board of Ethical Review has had the opportunity to review at least two similar cases as the one presently before it. In BER Case 83-1, the Board considered the ethical conduct of an engineer who, as a principal in an engineering firm, terminated an engineer but continued to distribute a previously printed brochure listing the terminated engineer, who stayed on for a period of time as one of his "key employees", and continued to use a previously printed brochure with the terminated engineer's name in it well after the terminated engineer left the firm. The Board considered whether it was the "intent and purpose" the engineer to "enhance the firm's qualifications and work" by including the terminated engineer's name in the promotional brochure after the terminated engineer left the firm. The Board found that the facts presented in the case demonstrated that the engineer ac...
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Engineer A is an EIT who is employed by a medium-sized consulting engineering firm in a small city. Engineer A has a degree in mechanical engineering and has performed services almost exclusively in the field of mechanical engineering. Engineer A learns that the firm has begun a marketing campaign and in its literature lists Engineer A as an electrical engineer. There are other electrical engineers in the firm. Engineer A alerts the marketing director, also an engineer, to the error in the promotional literature, and the marketing director, indicates that the error will be corrected. However, after a period of six months, the error is not corrected.
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Under the circumstances, what actions, if any, should Engineer A take?
Similar Cases
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Find Similar CasesD-tuple Component Breakdown
40
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer A Mechanical Engineer
EIT with a mechanical engineering degree who learns the firm's marketing literature lists him as an electrical...
Board of Ethical Review
Reviews the present case, applies the reasoning of its prior opinions to conclude that the marketing director has an...
Consulting Engineering Firm Employer
Medium-sized consulting engineering firm in a small city that employs Engineer A and, in a marketing campaign, lists...
Marketing Director Professional Engineer
Was informed by Engineer A that the firm's marketing brochure contains inaccurate information that could mislead a...
Firm Principal Escalation Recipient
Identified by the Board as the person within the firm to whom Engineer A should raise the issue after a period of...
5 entities
Principles
P
w=0.2
384D
Competence in Professional Services
The Board opens its analysis by admonishing that engineers perform professional services only in areas of their...
Honesty in Brochure Correction
The Board concludes that once informed of the inaccurate brochure, the marketing director, a professional engineer,...
Honesty in Marketing Credentials
Engineer A, a mechanical engineer, alerts the marketing director to the firm's promotional literature that...
Objective Truthful Public Statements
The Board cites Code Section I.3 as a fundamental obligation to issue public statements in an objective and truthful...
Proper Solicitation of Employment
The Board invokes the requirement that engineers take all reasonable steps to avoid misleading and deceptive acts...
5 entities
Obligations
O
w=0.15
384D
Engineer A Credential Error Disclosure Duty
Engineer A must alert the responsible party at the firm that the promotional literature inaccurately lists him as an...
Marketing Director Correction Duty
The marketing director, once alerted by Engineer A to the credential error in the promotional literature, must...
Marketing Director Expeditious Correction Duty
The marketing director, a professional engineer, must take expeditious action to correct the inaccurate brochure so...
Engineer A Principal Escalation Duty
If the brochure error is not corrected after a period of six months, Engineer A should raise the issue with a...
4 entities
States
S
w=0.1
384D
Engineer A Awareness Of Listing Error
Negligent Oversight Finding on Brochure
Erroneous Electrical Engineer Listing
Uncorrected Marketing Error After Six Months
Marketing Director Notified Of Error
5 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: objective and truthful public statements and avoidance of misleading and deceptive...
BER Case 83-1
BER Case 83-1 (topic: misrepresentation through continued distribution of a brochure listing a terminated key...
BER Case 90-4
BER Case 90-4 (topic: continued listing of a departing engineer in firm promotional material and the duty of firms...
3 entities
Actions
A
w=0.1
384D
Correction Commitment
Escalation to Principal
Misleading Literature Publication
Error Notification
Correction Omission
5 entities
Events
E
w=0.08
384D
Credential Misrepresentation
Error Discovery
Correction Delay Elapse
3 entities
Capabilities
Ca
w=0.07
384D
Engineer A Error Disclosure
Engineer A exercises the competence to communicate a material fact by alerting the marketing director to the...
Engineer A Situation Recognition
Engineer A perceives that the firm's marketing literature inaccurately lists him, a mechanical engineer, as an...
Marketing Director Representation Correction
The marketing director, who directs the firm's promotional literature and acknowledged that the error will be...
Engineer A Mechanical Engineering Practice
Engineer A holds a mechanical engineering degree and has performed professional services almost exclusively in...
Board Precedent Reasoning
The Board of Ethical Review exercises this competence by reviewing BER Case 83-1 and BER Case 90-4, distinguishing...
Marketing Director Error Correction
The marketing director, a professional engineer with actual knowledge of the brochure error, holds the capacity to...
Engineer A Principal Escalation
Engineer A's conditional duty to raise the uncorrected brochure error with a principal in the firm after six months...
7 entities
Constraints
Cs
w=0.08
384D
Firm Electrical Engineer Listing Prohibition
The firm must not represent Engineer A as an electrical engineer in its marketing literature when his degree is in...
Firm Deceptive Brochure Solicitation Boundary
The firm, through its marketing director, must not continue to solicit professional employment using a marketing...
Engineer A Misrepresentation Permission Prohibition
Engineer A must not permit the firm's misrepresentation of his qualifications as an electrical engineer in its...
3 entities
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