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We deal first with the question of the application of the supplanting rule (§11(a)) because in this set of circumstances and charges and counter-charges it is most readily resolved. We have often held that §11(a) is not to be interpreted to give an engineer or firm a right to prevent other engineers from attempting to serve former clients of other firms. As most recently stated in Case 76-5, "…for the supplanting standard to apply the facts must demonstrate that the complaining engineer either had a contract for the work, or had been selected for negotiation by the client for the particular work…" (See also, Cases 62-10, 62-18, 64-9 and 73-7.)
Under that concept, we take it from the submitted facts that Engineer A did not have an existing contract, nor was he engaged in negotiations for a particular project relative to the contacts made by Firm B with former clients of Engineer A. To that extent, and under those facts, the four engineers of Firm B had a right to seek assignments from the former clients of Engineer A.
A more difficult aspect of the case is the application of §7(a) with regard to the promotional efforts of the four former employees of A. As we understand the facts, however, the four engineers did not undertake the promotional efforts with the former clients of A while in his employ, nor did they engage in negotiations for work while in the employ of A. We may assume that the four engineers possibly discussed among themselves the idea of soliciting work of former clients of A while still in his employ, but under a literal reading of that part of §7(a) that degree of activity would not constitute a violation of the code.
It is not nearly so clear, however, with regard to the latter portion of §7(a), as related to practice in connection with a specific project for which the employed engineer has gained particular and specialized knowledge. We are told that in some instances one or more of the four engineers who left A had been involved with former cli...