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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...