Obligation-Conflict Resolution
Case 97-11 (1997) · Duty To Disclose Disciplinary Complaint To Client
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 Allegation Non-Equivalence Disclosure Calibration Client B
prevails over
Engineer A Faithful Agent Obligation Toward Client B Complaint Context
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Allegation vs. Adjudication Disclosure Threshold in Engineer A's Complaint
Engineer B Pertinent Fact Dual-Element Test Violation Case 83-1 Post-Termination
prevails over
Engineer B Post-Termination Notice Brochure Personnel Disclosure Case 83-1 Notice Period
No State context committed for this edge.
Engineer Z Non-Key-Employee Departed Engineer Brochure Listing Case 90-4
prevails over
Engineer Z Firm Brochure Post-Departure Personnel Listing Correction Obligation Case 90-4
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer Z Post-Notice Brochure Distribution (Case 90-4)
Engineer A Allegation Non-Equivalence Disclosure Calibration Client B
prevails over
Engineer A Pending Competence Complaint Disclosure Obligation to Client B
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Allegation vs. Adjudication Disclosure Threshold — Pending Complaint
Engineer A Allegation Non-Equivalence Disclosure Calibration Client B
prevails over
Engineer A Faithful Agent Transparency Obligation Toward Client B
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Allegation vs. Adjudication Disclosure Threshold — Pending Complaint
Open tensions recorded without a resolution:
Engineer A Allegation Non-Equivalence Disclosure Calibration Client B vs Engineer A Prudential Disclosure Weighing Toward Client B
Engineer A Allegation Non-Equivalence Disclosure Calibration Client B vs Engineer A Valence-Neutral Misleading Omission Non-Disclosure Pending Complaint
Engineer A Allegation-Adjudication Distinction Invocation in Non-Disclosure Decision vs Engineer A Pending Competence Complaint Non-Disclosure to Client B
Engineer B Post-Termination Notice Brochure Personnel Disclosure Case 83-1 Notice Period vs Engineer B Truthful Non-Deceptive Advertising Brochure Distribution Case 83-1
What the board concluded
- It was ethical for Engineer A not to report to Client B the ethics complaint filed against Engineer A by Client C.
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 |