Obligation-Conflict Resolution
Case 82-6 (1982) · Conflict of Interest - Expert Witness for Contractor
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
Section III.4.b Specialized Knowledge Former Client Consent Prerequisite Engineer A Dam Failure
prevails over
Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter
Proceeding Duration Loyalty Persistence Engineer A U.S. Government Dam Failure
prevails over
Termination Non-Cure Adversarial Conflict Engineer A Dam Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter
Code Revision Prospective Application Adverse Participation Stricter Standard Engineer A Dam Failure
prevails over
Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter
Forensic Expert Witness Objectivity Structurally Compromised Engineer A Contractor Engagement
prevails over
Independent Report Pledge Non-Cure Switching Sides Engineer A Dam Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Confidential Government Investigation Information Held
Government-Retained Forensic Engineer Adverse Contractor Engagement Prohibition Engineer A Dam Failure Discussion
prevails over
Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure
the yielding obligation gives way only under (defeasibleUnder):
- Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter
Featured
Government Forensic Findings Confidentiality Non-Disclosure Engineer A Contractor
prevails over
Termination Non-Cure Adversarial Conflict Engineer A Dam Failure
the yielding obligation gives way only under (defeasibleUnder):
- Sequential Opposing-Party Retention in Same Dam Failure Investigative Matter
Section III.4.b Specialized Knowledge Former Client Consent Prerequisite Engineer A Dam Failure
prevails over
Simultaneous Dual-Role Adverse Advocacy Resignation Prerequisite Case 76-3 County Engineer
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Confidential Government Investigation Information Held
Switching Sides Forensic Expert Prohibition Engineer A Dam Failure Discussion
prevails over
Independent Report Pledge Non-Cure Switching Sides Engineer A Dam Failure
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Confidential Government Investigation Information Held
Open tensions recorded without a resolution:
Forensic Expert Witness Objectivity Structurally Compromised Engineer A Contractor Engagement vs Government Forensic Findings Confidentiality Non-Disclosure Engineer A Contractor
Former Client Adversarial Consent Prerequisite Engineer A U.S. Government Dam Failure vs Termination Non-Cure Adversarial Conflict Engineer A Dam Failure
Paid Advocacy Versus Expert Witness Role Distinction Recognition Case 76-3 County Engineer vs Simultaneous Dual-Role Adverse Advocacy Resignation Prerequisite Case 76-3 County Engineer
Post-Engagement Termination Same-Matter Adverse Expert Witness Declination Engineer A Dam Failure vs Switching Sides Prohibition Engineer A Dam Failure Government to Contractor
What the board concluded
- It would not be ethical for Engineer A to be retained as an expert witness for the contractor under these circumstances.