Supplanting - Promotion of Work by Former Employees

Case 168 Source
Back to Case

Document Structure

4

Sections

4/4

With Embeddings

100%

Coverage

384D

Dimensions
Embeddings use 384D local model for precedent matching
Document Sections

Content Length
490 chars
HTML Length
490 chars
Plain Text Length
994 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 21:36
Updated
2026-02-13 21:36
Content Preview
The four engineers who founded firm B did not violate the Code of Ethics by generally seeking work from former clients of Engineer A, but they were in violation of the code with regard to projects for which they had particular knowledge while in the employ of A.The four engineers comprising Firm B acted unethically in casting doubt on the ability of Engineer A to provide quality services.Engineer A acted unethically in casting doubt on the ability of Firm B to provide quality services.

Content Length
4889 chars
HTML Length
5332 chars
Plain Text Length
4883 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 21:36
Updated
2026-03-02 23:20
Content Preview
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...

Content Length
1306 chars
HTML Length
1306 chars
Plain Text Length
1307 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 21:36
Updated
2026-02-13 21:36
Content Preview
Four of the key engineering employees of a firm headed by Engineer A left the firm at the same time following disagreement on certain firm policies and promptly organized a new engineering firm, B, with the four engineers as the principals. Firm B promptly contacted the former clients of Firm A, including some former clients of Firm A which had projects under discussion with Firm A, but for which specific selection or negotiation had not taken place. In some instances one or more of the four engineers had been involved with the former clients of Engineer A while in his employ.While Firm B was making these contacts to indicate the availability of the new firm for assignments from the former clients, Engineer A was also making contact with the former clients to indicate that his firm was still available for future commissions and retained its capacity to provide proper services despite the departure of the four engineers. Engineer A has protested the action of the four engineers on ethical grounds, alleging that they violated the rule against supplanting. Further, he was told by the clients that Firm B had cast doubt on the ability of A to provide quality services. In his discussions with the former clients Engineer A indicated doubt that Firm B was qualified to provide quality services.

Content Length
351 chars
HTML Length
351 chars
Plain Text Length
716 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 21:36
Updated
2026-02-13 21:36
Content Preview
Did the four engineers who founded Firm B violate the Code of Ethics by seeking work from former clients of Engineer A?Did the four engineers comprising Firm B act unethically in casting doubt on the ability of Engineer A to provide quality services?Did Engineer A act unethically in casting doubt on the ability of Firm B to provide quality services?
Similar Cases

Find cases with similar D-tuple components, provisions, and tags.

Find Similar Cases

D-tuple Component Breakdown

53

Total Entities

9/9

Components Populated

9/9

With Embeddings

Combined Embedding
Roles R
w=0.12 384D
Firm B Competitor
The new engineering firm organized by the four departing engineers. Contacted the former clients of Firm A to...
Four Engineers Former Employee Engineers
Former employees of Engineer A who organized Firm B. The Board found they had a right to seek assignments from the...
Engineer A Professional Peer
In the discussion, Engineer A bears a professional peer relationship toward the four engineers of Firm B. The Board...
Firm A Employer
The engineering firm headed by Engineer A that formerly employed the four departing engineers and formerly served...
Engineer A Firm Principal
Head of Firm A whose four key engineering employees departed to form Firm B. Contacted the former clients to...
Former Clients of Firm A
The former clients of Firm A whom both Firm B and Engineer A contacted regarding future commissions. Some had...
Board of Ethical Review
Adjudicates the charges and counter-charges under sections 7(a), 11(a), and 12. Holds that the supplanting rule did...
7 entities
Principles P
w=0.2 384D
Fair Competition in Client Solicitation
Engineer A protested on ethical grounds the four engineers' prompt contacting of Firm A's former clients, including...
Loyalty During Employment
The Board applies section 7(a) to the promotional efforts of the four former employees, finding that mere internal...
Objectivity in Peer Criticism
The Board finds the charge and counter-charge by A and the four engineers of Firm B regarding each other's...
3 entities
Obligations O
w=0.15 384D
Engineer A Objective Criticism Duty
If Engineer A offers adverse comments to prospective clients on the capacity of the four engineers of Firm B, those...
Four Engineers Fair Solicitation Duty
The four engineers of Firm B must seek assignments from the former clients of Firm A through fair means, without...
Engineer A Fair Solicitation Duty
Engineer A must seek continued commissions from the former clients through fair means, without unfair tactics such...
3 entities
States S
w=0.1 384D
Employment Period Promotional Abstention
The four engineers of Firm B while in the employ of Engineer A. Triggered when The four engineers' abstention from...
Departing Engineers Specialized Project Knowledge
One or more of the four engineers who left Engineer A. Triggered when Involvement of one or more of the four...
Uncommitted Projects Under Discussion
Former clients of Firm A with projects under discussion but no specific selection or negotiation. Triggered when...
Firm B Principals Prior Client Involvement
One or more of the four engineers who became principals of Firm B. Triggered when The four engineers work with...
Firm B Doubt Cast on A
Firm B, whose statements to former clients cast doubt on Engineer A's ability to provide quality services. Triggered...
Engineer A Doubt Cast on B
Engineer A, whose discussions with the former clients indicated doubt that Firm B was qualified to provide quality...
Supplanting Allegation by Engineer A
Engineer A's protest alleging that the four engineers violated the rule against supplanting. Triggered when Engineer...
Mutual Self-Interested Criticism Between A and B
Engineer A and the four engineers of Firm B. Triggered when The departure of the four engineers from A on a note of...
8 entities
Resources Rs
w=0.1 384D
BER Case 76-5
BER Case 76-5 (topic: conditions for the supplanting standard to apply)
BER Case 62-10
BER Case 62-10 (topic: interpretation of the supplanting rule)
BER Case 75-15
BER Case 75-15 (topic: meaning of maliciously or falsely in criticism of another engineer under section 12)
NSPE Code of Ethics
NSPE Code of Ethics (topic: supplanting, promotional efforts while employed, unfair competition, and criticism of...
62-18
Cited alongside other cases as additional authority supporting the supplanting standard articulated in Case 76-5.
64-9
Cited alongside other cases as additional authority supporting the supplanting standard articulated in Case 76-5.
73-7
Cited alongside other cases as additional authority supporting the supplanting standard articulated in Case 76-5.
Case 75-15
Cited for its interpretation of the phrase 'maliciously or falsely' under §12, used to determine whether A and Firm...
Case 76-5
Cited as the most recent statement of the supplanting standard requiring that the complaining engineer had a...
Cases 62-10
Cited alongside other cases as additional authority supporting the supplanting standard articulated in Case 76-5.
10 entities
Actions A
w=0.1 384D
Simultaneous Resignation
Client Retention Outreach
Disparagement of Competitor
Counter-Disparagement of Competitor
Ethics Protest Filing
Client Solicitation
New Firm Formation
7 entities
Events E
w=0.08 384D
Specialized Knowledge Acquisition
Disparagement Disclosure
Key Personnel Loss
Firm Policy Disagreement
4 entities
Capabilities Ca
w=0.07 384D
Firm A Service Provision Capacity
Engineer A represented to the former clients that Firm A remained available for future commissions and retained its...
Firm B Client Solicitation
Firm B contacted the former clients of Firm A to indicate the new firm's availability for assignments, including...
Four Engineers Specialized Project Knowledge
One or more of the four engineers of Firm B gained particular and specialized knowledge through involvement with...
Engineer A Objective Criticism Competence
The Board holds that an engineer may offer adverse comments on the capacity of another engineer to a prospective...
Engineer A Client Solicitation
Engineer A contacted the former clients to indicate that his firm was still available for future commissions. The...
Four Engineers Client Familiarity
One or more of the four engineers had been involved with the former clients of Engineer A while in his employ,...
6 entities
Constraints Cs
w=0.08 384D
Firm B Engineers Employment Solicitation Boundary
The four engineers of Firm B, while in the employ of Engineer A, must not have entered promotional efforts or...
Firm B Engineers Supplanting Prohibition
The four engineers of Firm B are alleged by Engineer A to be barred by the rule against supplanting from contacting...
Engineer A Supplanting Rule Scope Limit
Engineer A may not invoke the rule against supplanting to prevent the four engineers of Firm B from attempting to...
Firm B Engineers Specialized Knowledge Consent Boundary
The four engineers of Firm B, having gained particular and specialized knowledge of specific projects under...
Engineer A Self-Interested Criticism Boundary
Engineer A must not attempt to injure, directly or indirectly, the professional reputation, prospects, practice, or...
5 entities
Embeddings: all-MiniLM-L6-v2 (384D, local) | Storage: pgvector (PostgreSQL) | Used for section and component similarity matching