Obligation-Conflict Resolution
Case 21-9 (2021) · Misrepresentation of Qualifications
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
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Engineer A Forensic Diplomate Title Use
prevails over
Engineer A Expert Witness Licensure Compliance
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Non-Engineering Expert Retention
- Engineer A Non-Engineering Retention State M
- Engineer A Unlicensed State M Practice
Engineer A Credential Triggered Licensure Compliance
prevails over
Engineer A Scope Recharacterization Avoidance
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Non-Engineering Retention State M
ENGCO Personnel Title Misuse Obligation
prevails over
Engineer A Opposing Expert Communication Restriction
the yielding obligation gives way only under (defeasibleUnder):
- Engineers A and B Opposing Experts Shared Committee
Open tensions recorded without a resolution:
Engineer A Credential Triggered Licensure Compliance vs Engineer A Forensic Diplomate Title Use
Engineer A Expert Witness Licensure Compliance vs Engineer A Forensic Credential Licensure Trigger
Engineer A Expert Witness Licensure Compliance vs Engineer A Scope Recharacterization Avoidance
Engineer A Forensic Diplomate Title Use vs Engineer A Jurisdictional Licensure Verification
What the board concluded
- Provided that Engineer A qualified as an expert without relying on engineering qualifications, Engineer A’s self-presentation as a consultant-expert without identifying status as a licensed professional engineer was not unethical.
- However, when Engineer A claimed status as a Board-certified Diplomate in Forensic Engineering, Engineer A’s self-presentation became unethical.