Misrepresentation of Qualifications
Case 60
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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.
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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...
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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.
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Was Engineer A’s self-description in the expert report ethical?
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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
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Find Similar CasesD-tuple Component Breakdown
156
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Non-Engineering Expert Consultant
A licensed professional engineer retained to provide expert consulting or testimony services in a domain that does...
Engineer A Non-Engineering Expert Consultant
Licensed PE in states C, D, and E, retained by Attorney X to provide non-engineering expert testimony in State M...
Attorney X Retaining Legal Counsel
Attorney who contacted Engineer A seeking a non-engineering expert to provide testimony in State M, thereby...
Unlicensed Title User
A person who uses a title incorporating the word Engineer or Engineering in a jurisdiction or context where they do...
Multi-State Licensed Engineer
A licensed professional engineer who holds engineering licenses in multiple states and engages in professional...
Forensic Engineering Expert Witness
A licensed professional engineer retained to evaluate technical matters in dispute, prepare expert opinions, and...
Engineering Standards Committee Chair
A volunteer professional engineering role in which a licensed engineer chairs a technical standards-setting...
Engineer Intern Candidate
A pre-licensure professional role borne by an individual who has completed engineering education and is pursuing...
ENGCO Personnel Unlicensed Title Users
Key personnel at ENGCO were referred to in sale materials as Engineer and Design Engineer despite not being...
BER Case 04-11 Situation 1 Engineer
Engineer licensed in States B, C, and D distributed business cards at a meeting in State E with no physical address...
BER Case 04-11 Situation 2 Engineer
Engineer whose business card clearly identified the states of licensure and noted a business address in a state...
BER Case 04-11 Situation 3 Engineer
Engineer with address in State B but licensed only in State C who performs engineering work in State C and...
Engineer A Standards Chair Expert Witness
Forensic mechanical engineer chairing a boiler code standards and safety committee within an engineering society who...
Engineer B Standards Subcommittee Member
Forensic mechanical engineer serving as a member of a technical subcommittee under Engineer A's standards committee,...
Engineer Intern PE Exam Candidate
Engineer Intern who disclosed intention to take the PE exam to a prospective employer but did not disclose two prior...
Engineer A Non-Engineering Consultant State M
Licensed professional engineer retained to provide non-engineering expert services in State M where the engineer...
Retaining Legal Counsel
An attorney or legal representative who retains an engineering expert to evaluate technical matters, prepare expert...
17 entities
Principles
P
w=0.2
384D
Professional Title Accuracy
Relational principle establishing that professionals must only use titles, designations, and credentials to which...
Credential-Triggered Licensure Scope
Domain-specific principle establishing that when an engineer invokes a credential, title, or designation that...
Business Card Licensure Clarity
Relational principle establishing that an engineer's business card or equivalent professional identification must...
Expert Witness Role Conflict Disclosure
Relational principle establishing that an engineer serving as an expert witness has an affirmative obligation to...
ENGCO Personnel Title Misuse
ENGCO used the titles Engineer and Design Engineer in sale materials for personnel who lacked licensure, engineering...
Jurisdictional Licensure Compliance
Domain-specific principle establishing that an engineer must comply with the licensure requirements of the...
Non-Engineering Expert Service Permissibility
Domain-specific principle establishing that a licensed professional engineer may provide expert consulting or...
Professional Identity Transparency in Credentials
Relational principle establishing that an engineer must accurately and transparently represent professional...
Credential Disclosure Materiality
Professional virtue principle establishing that the ethical obligation to disclose professional credentials,...
Scope of Engagement Integrity
Domain-specific principle establishing that an engineer must ensure the scope of services accepted is consistent...
Engineer A Jurisdictional Licensure State M
Engineer A accepted an engagement to evaluate a case, prepare an expert opinion, and provide testimony in State M,...
Engineer A Non-Engineering Expert Permissibility
Engineer A was retained specifically as a non-engineering expert by Attorney X, and signed the report as 'Consultant...
Honesty
Principle requiring engineers to be truthful and non-deceptive in all professional representations, including...
Engineer A Credential Representation Report
Engineer A signed the expert report as 'Consultant A, Board-certified Diplomate in Forensic Engineering' without...
Engineer A Licensure Omission Materiality
Engineer A omitted any reference to licensure status from the expert report, and the ethical significance of that...
Engineer A Engagement Scope Integrity
Engineer A accepted an engagement characterized as non-engineering expert services in a jurisdiction where...
Engineer A Honesty Credential Omission
Engineer A's omission of any reference to licensure status from the expert report raises a honesty question about...
Case 04-11 Situation 1 No Address Card
An engineer licensed in States B, C, and D distributed business cards at a meeting in State E with no physical...
Case 04-11 Situation 2 Address Unlicensed State
An engineer's business card listed a business address in a state where no license was held but explicitly identified...
Case 04-11 Situation 3 Non-Engineering Consulting
An engineer with an address in State B but licensed only in State C performed engineering work in State C and...
Engineer A Standards Chair Disclosure
Engineer A, as chair of a boiler code standards and safety committee, was obligated to disclose that role and...
Engineer Intern PE Exam Failure Non-Disclosure
An Engineer Intern did not disclose two prior PE exam failures to a prospective employer who knew the intern had not...
Engineer A Non-Engineering Engagement Permissibility
Engineer A was retained to provide non-engineering expert services in State M where Engineer A held no license, and...
Engineer A Forensic Diplomate Credential Use
Engineer A signed a report in State M as Board-certified Diplomate in Forensic Engineering despite not being...
Engineer A Credential Triggers State M Licensure
By incorporating the Forensic Engineering credential into the report signature, Engineer A brought the report within...
Engineer A PE Designation Omission Partial Compliance
Engineer A omitted the PE designation from the report signature block, demonstrating awareness of the State M...
26 entities
Obligations
O
w=0.15
384D
Credential Representation Accuracy Obligation
Duty of a licensed professional engineer to accurately and completely represent professional credentials, including...
Forensic Credential Licensure Trigger Awareness Obligation
Duty of a licensed professional engineer providing non-engineering expert services in a jurisdiction where the...
Scope Recharacterization Avoidance Obligation
Duty of a licensed professional engineer to refrain from accepting a recharacterization of engineering services as...
Jurisdictional Licensure Verification Obligation
Duty of a licensed professional engineer to verify and satisfy the licensure requirements of any jurisdiction in...
Engineer A Jurisdictional Licensure Verification
Engineer A was obligated to verify that State M required a license for expert testimony and to obtain that license...
Engineer A Credential Representation Report
Engineer A was obligated to accurately and completely represent licensure status in the signed expert report,...
Engineer A Forensic Credential Licensure Trigger
Engineer A was obligated to recognize that using the credential 'Board-certified Diplomate in Forensic Engineering'...
Engineer A Scope Recharacterization Avoidance
Engineer A was obligated to assess whether the engagement characterized by Attorney X as non-engineering expert...
Engineer A Expert Witness Licensure Compliance
Engineer A was obligated to hold a valid engineering license in State M before preparing an expert opinion and...
Expert Witness Licensure Compliance Obligation
Duty of a licensed professional engineer retained as an expert witness to ensure compliance with all licensure...
Engineering Title Use Accuracy Obligation
Duty of a professional to refrain from using any title, designation, or credential that incorporates the word...
Business Card Licensure Clarity Obligation
Duty of a licensed professional engineer distributing business cards or professional contact materials in...
Expert Witness Opposing Counsel Communication Restriction Obligation
Duty of a licensed professional engineer retained as an expert witness to refrain from engaging in written or verbal...
Standards Committee Role Disclosure Obligation
Duty of a licensed professional engineer serving as chair or member of a technical standards-setting committee who...
PE Exam History Disclosure Obligation
Conditional obligation of a pre-licensure engineering candidate to disclose prior failures to pass the professional...
Credential-Triggered Licensure Compliance Obligation
Duty of a licensed professional engineer who invokes a credential, title, or designation incorporating engineering...
ENGCO Personnel Title Misuse Obligation
ENGCO was obligated to refrain from referring to key personnel as Engineer or Design Engineer in sale materials when...
Case 04-11 Situation 1 No Address Card
The engineer was obligated to ensure that business cards distributed at a meeting in State E included a physical...
Case 04-11 Situation 3 Non-Engineering Consulting
The engineer was obligated to ensure that business cards clearly stated the state of licensure when the address...
Engineer A Standards Chair Disclosure
Engineer A was obligated to fully disclose to retaining counsel the role as chairman of the boiler code standards...
Engineer A Opposing Expert Communication Restriction
Engineer A was obligated to refrain from engaging in any written or verbal exchanges with Engineer B regarding the...
Engineer Intern PE Exam Non-Disclosure
The Engineer Intern bore no obligation to disclose two prior PE exam failures to the prospective employer because...
Engineer A Forensic Diplomate Title Use
Engineer A was obligated to refrain from signing the expert report as Board-certified Diplomate in Forensic...
Engineer A Credential Triggered Licensure Compliance
Once Engineer A incorporated the Forensic Engineering diplomate credential into the report signature, Engineer A was...
Engineer A Non-Engineering Expert Permissibility
Engineer A was obligated to ensure that expert services provided in State M either did not require a State M...
25 entities
States
S
w=0.1
384D
Non-Engineering Expert Retention State
State in which a licensed engineer is retained explicitly to provide expert services that are non-engineering in...
Credential Omission Misrepresentation State
State in which a professional signs or presents work product using a title or credential designation that omits...
Unlicensed Jurisdiction Practice State
State in which a professional provides services or testimony in a jurisdiction where licensure is legally required...
Engineer A Non-Engineering Expert Retention
Engineer A's engagement by Attorney X for non-engineering expert testimony in State M
Engineer A Unlicensed State M Practice
Engineer A's provision of expert testimony in State M without holding a State M engineering license
Engineer A Credential Omission Report
Engineer A's signing of the expert report with a credential title that omits any reference to licensure status
Unearned Title Use State
State in which a professional incorporates a protected title or credential term into a signature block, business...
Business Card Licensure Ambiguity State
State in which a professional presents a business card or similar identification document that creates ambiguity or...
Immaterial Omission State
State in which a professional omits information from a disclosure to an employer or client, but the omitted...
ENGCO Personnel Unearned Engineer Title
ENGCO's use of Engineer and Design Engineer titles for unlicensed, non-degreed personnel in sale materials
Engineer A Forensic Diplomate Title Misuse
Engineer A's use of Board-certified Diplomate in Forensic Engineering in the report signature block in State M
Engineer A Non-Engineering Retention State M
Engineer A's retention to provide non-engineering expert services in State M
Case 04-11 Situation 1 No Address Card
Engineer licensed in States B, C, and D distributing business cards with no physical address at a meeting in State E
Case 04-11 Situation 2 Address Unlicensed State Card
Engineer whose business card clearly identifies licensed states and lists an address in a state where no license is held
Engineer Intern PE Exam Failure Omission
Engineer Intern's non-disclosure of two prior PE exam failures to a prospective employer who knew the intern had not...
Engineers A and B Opposing Experts Shared Committee
Engineer A as committee chair and Engineer B as subcommittee member simultaneously serving as opposing experts in...
Opposing Expert Shared Committee State
State in which two professionals who serve together on a shared standards-setting or technical committee are...
17 entities
Resources
Rs
w=0.1
384D
Forensic Engineering Credential Standard
A credentialing or certification standard issued by a recognized professional body that designates a practitioner as...
State Engineering Licensure Statute
A state law or statutory provision specifying the licensing requirements for engineers practicing or providing...
Engineering Title Use Standard
Professional norms and ethical obligations governing the conditions under which an individual may use the title...
NSPE Code of Ethics
Primary normative authority governing Engineer A's obligations regarding honest representation of credentials,...
BER Case Precedent
A documented case decision issued by the NSPE Board of Ethical Review that provides precedential guidance on the...
BER Case 95-10 Title Use
Cited as precedent establishing that using the title 'Engineer' or 'Design Engineer' without licensure or qualifying...
BER Case 04-11 Business Card
Cited as precedent addressing permissible self-designation on business cards across jurisdictions, including the...
BER Case 19-3 Forensic Expert Conflict
Cited as precedent addressing disclosure obligations and conflict of interest considerations when forensic engineers...
BER Case 20-1 PE Exam Disclosure
Cited as precedent addressing the materiality of omissions in disclosure contexts, specifically whether failure to...
State M Engineering Licensure Law
The licensing law of State M, which Engineer A was found to have violated by incorporating the word 'Engineering'...
State M Expert Testimony Licensure Statute
Establishes the legal requirement that any engineer providing expert testimony in a State M court must be licensed...
Board-certified Diplomate Forensic Engineering Credential
Engineer A holds this credential and uses it as the sole professional designation on the expert report, omitting any...
Engineer A Report Signature Title Use
Governs whether Engineer A's choice to sign as 'Consultant A, Board-certified Diplomate in Forensic Engineering'...
13 entities
Actions
A
w=0.1
384D
Credential Title Selection
Expert Engagement Acceptance
PE Designation Omission
3 entities
Events
E
w=0.08
384D
Licensing Gap Identified
Report Signature Completed
Prior Case Precedent Established
Ethics Violation Concluded
State Licensing Requirement Triggered
5 entities
Capabilities
Ca
w=0.07
384D
Jurisdictional Licensure Verification Capability
Capability of a licensed professional engineer to identify, research, and verify the licensure requirements of any...
Credential Disclosure Accuracy Capability
Capability of a licensed professional engineer to accurately and completely represent professional credentials,...
Scope Recharacterization Resistance Capability
Capability of a licensed professional engineer to recognize when a proposed recharacterization of engineering...
Expert Witness Role Boundary Capability
Capability of a licensed professional engineer serving as a forensic expert witness to identify and observe the...
Engineer A Jurisdictional Licensure Verification
Engineer A was required to verify that State M required a license for expert testimony before accepting the...
Engineer A Scope Recharacterization Resistance
Engineer A was required to assess whether the engagement characterized by Attorney X as non-engineering expert...
Engineer A Non-Engineering Scope Boundary
Engineer A was required to recognize that using a Board-certified Diplomate in Forensic Engineering credential in a...
Engineer A Expert Witness Role Boundary
Engineer A was required to identify and observe the jurisdictional, ethical, and professional boundaries governing...
Non-Engineering Expert Scope Boundary Capability
Capability of a licensed professional engineer retained as a non-engineering expert consultant to correctly identify...
Engineer A Credential Disclosure Report
Engineer A was required to accurately and completely represent licensure status in the signed expert report,...
Engineer A Forensic Credential Trigger Awareness
Engineer A failed to exercise the capability to recognize that using the Board-certified Diplomate in Forensic...
Engineering Title Entitlement Assessment Capability
Capability of a licensed professional engineer, engineering firm, or ethics adjudicator to correctly assess whether...
Business Card Licensure Clarity Capability
Capability of a licensed professional engineer to ensure that business cards and professional contact materials...
Forensic Credential Licensure Trigger Awareness
Capability of a licensed professional engineer providing non-engineering expert services in a jurisdiction where the...
PE Exam History Materiality Assessment Capability
Capability of a pre-licensure engineering candidate and prospective employers to correctly assess whether prior PE...
Standards Role Conflict Disclosure Capability
Capability of a licensed professional engineer serving in a technical standards-setting committee role to recognize...
Opposing Expert Communication Restriction Capability
Capability of a licensed professional engineer retained as an expert witness to recognize and observe the...
ENGCO Personnel Title Entitlement
ENGCO lacked or failed to exercise the capability to assess whether key personnel were entitled to the titles...
Case 04-11 Situation 1 Business Card Clarity
The engineer failed to exercise the capability to ensure business cards provided sufficient licensure clarity,...
Case 04-11 Situation 2 Business Card Clarity
The engineer demonstrated the capability to ensure business cards clearly conveyed licensure states and...
Case 04-11 Situation 3 Business Card Clarity
The engineer demonstrated the capability to ensure business cards clearly stated the state of licensure when the...
Engineer A Forensic Title Entitlement
Engineer A failed to exercise the capability to assess whether use of the Board-certified Diplomate in Forensic...
Engineer A Standards Chair Disclosure
Engineer A was obligated to exercise the capability to disclose the standards committee chair role and Engineer B's...
Engineer A Opposing Expert Communication
Engineer A was required to exercise the capability to recognize and observe the restriction against direct written...
Engineer Intern PE Exam Materiality
The Engineer Intern correctly assessed, or the BER found it not unethical that the Engineer Intern did not disclose,...
Engineer A Credential Representation Accuracy
Engineer A failed to exercise the capability to accurately represent credentials in the signed expert report,...
26 entities
Constraints
Cs
w=0.08
384D
Engineer A Forensic Diplomate Title Constraint
Engineer A was prohibited from signing the expert report as Board-certified Diplomate in Forensic Engineering in...
Engineer A Forensic Credential Licensure Trigger
By incorporating the credential Board-certified Diplomate in Forensic Engineering into the report signature block...
Engineer A Non-Engineering Expert Permissibility
Engineer A was permitted to provide non-engineering expert services in State M without a State M engineering license...
Engineer A Unlicensed State M Practice
Engineer A was prohibited from providing expert testimony in State M using a credential that incorporated the word...
Engineer A Credential Omission Report
Engineer A was prohibited from signing the expert report using a credential designation that omitted material...
Case 04-11 Situation 1 No Address Card
The engineer was prohibited from distributing business cards at a meeting in State E that stated no physical...
Engineer A Standards Chair Disclosure
Engineer A was required to fully disclose to retaining counsel the role as chairman of the boiler code standards and...
Jurisdictional Expert Testimony Licensure Constraint
Legal constraint requiring that any engineer providing expert testimony in a given jurisdiction must hold a valid...
Credential Scope Misrepresentation Constraint
Ethical and regulatory constraint prohibiting a licensed professional engineer from signing work product, reports,...
Engineering Credential Jurisdictional Licensure Trigger Constraint
Constraint establishing that when a professional incorporates the word 'Engineer' or 'Engineering' into a...
Non-Engineering Expert Licensure Exemption Constraint
Constraint establishing the boundary conditions under which a licensed engineer may provide expert services in a...
Engineering Scope Recharacterization Constraint
Ethical constraint prohibiting a licensed professional engineer from accepting a recharacterization of engineering...
Engineer A Forensic Title Credential Omission
Engineer A was prohibited from signing the expert report using only the 'Board-certified Diplomate in Forensic...
Engineer A Forensic Engineering Title Trigger
Engineer A's use of the title 'Board-certified Diplomate in Forensic Engineering' in a report submitted in State M...
Engineer A Non-Engineering Exemption Failure
Engineer A could not rely on the non-engineering expert exemption from State M licensure requirements because the...
Engineer A Scope Recharacterization Acceptance
Engineer A was prohibited from accepting Attorney X's characterization of the engagement as non-engineering expert...
Engineer A State M Testimony Licensure
Engineer A could not provide expert testimony in a State M court without holding a valid engineering license in...
Credential Title Entitlement Constraint
Constraint prohibiting a professional from using a title, designation, or credential that incorporates a protected...
Opposing Expert Disclosure Constraint
Constraint requiring a professional retained as an expert witness to disclose to retaining counsel any shared...
Expert Witness Communication Restriction Constraint
Constraint prohibiting a professional retained as an expert witness from engaging in written or verbal exchanges...
Disclosure Materiality Constraint
Constraint establishing that the ethical obligation to disclose information to an employer or client is bounded by...
ENGCO Personnel Engineer Title Use
ENGCO was prohibited from referring to key personnel as Engineer or Design Engineer in sale materials when those...
Engineer A Opposing Expert Communication
Engineer A was prohibited from engaging in any written or verbal exchanges with Engineer B regarding the pending...
Engineer Intern PE Exam Non-Disclosure
The Engineer Intern bore no ethical obligation to disclose two prior PE exam failures to the prospective employer,...
24 entities
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