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.

Issues of identification as an engineer, achievement of a professional engineer’s license, and duties of disclosure have come to the Board of Ethical Review with some regularity. For example, in BER Case 95-10 , ENGCO referred in sale materials to key personnel as “Engineer” and “Design Engineer,” when those personnel were not licensed, did not have engineering degrees, and, in fact, did not have college degrees of any sort. ENGCO’s references were consistent with federal agency contracts that referred to inspection personnel as “Engineers.” However, ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics. The BER agreed with ENGCO that these references likely violated the Code’s requirements that public statements be truthful, that engineers are to avoid deceptive acts, and that engineers are not to falsify their qualifications or permit misrepresentations of their qualifications. [The BER noted that, in some jurisdictions (at some points in time), non-degreed individuals could qualify for licensure and could legitimately use the title.] Thus, using a title to which one is not entitled is unethical. Similarly, in BER Case 04-11 , four different self-designation situations were evaluated, but only the first three are of interest here. (1) Engineer is licensed in States B, C, and D, but hands out business cards at a business meeting in State E. The business card states NO physical address. The BER found this to be unacceptable, because, although handing out a business card is an expression of accepted business etiquette and does not automatically become an offer to do work, the absence of a physical address creates confusion and the appearance of deception about licensure. In the second situation (2), Engineer’s business card clearly identifies the states in which a license is held and that Engineer’s business address is in another state, one in which no license is held. The BER noted a conventional assumption that, abs...

Engineer A is a licensed Professional Engineer in three states (C, D, and E) and is a Board-certified Diplomate in Forensic Engineering. Attorney X contacts Engineer A, seeking the services of a non-engineering expert to provide testimony in State M. Engineer A agrees to evaluate the case, prepare an expert opinion, and provide testimony. The licensing statute in State M specifies that any engineer providing expert testimony in a State M court must be licensed in State M. Engineer A signs the report as “Consultant A, Board-certified Diplomate in Forensic Engineering,” making no reference whatsoever to licensure status.

Was Engineer A’s self-description in the expert report ethical?

Preamble Engineering is an important and learned profession. As members of this profession, engineers are expected to exhibit the highest standards of honesty and integrity. Engineering has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the protection of the public health, safety, and welfare. Engineers must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct. I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public II.5.a. Engineers shall not falsify their qualifications or permit misrepresentation of their or their associates' qualifications. They shall not misrepresent or exaggerate their responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments. Subject Reference Misrepresentation/Omission of Facts III.1.d. Engineers shall not attempt to attract an engineer from another employer by false or misleading pretenses. Subject Reference Recruiting Engineer from Another Employer III.3.a. Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact. Subject Reference Advertising Self-Promotion