Obligation-Conflict Resolution
Case 14-8 (2014) · Obligation to Former Employer and Former Client Following Acceptance of Position with State
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
Featured
Former Client Adversarial Proceeding Consent Prerequisite — Engineer A Water Rights State Proceeding
prevails over
Non-Absolute Former Client Loyalty Boundary — Engineer A Water Rights Proceeding Distinction
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Insider Knowledge of Opposing Analysis
- Engineer A Prior Specialized Knowledge Participation Bar — Water Rights Proceeding
Former Employer Client Loyalty — Engineer A Non-Adverse Participation
prevails over
Faithful Agent Duty — Engineer A to State Employer
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Conflict of Interest — Cross-Side Employment
- Engineer A Cross-Side Employment Transition
- Engineer A Prior Specialized Knowledge Participation Bar — Water Rights Proceeding
Private-to-Public Adversarial Non-Participation — Engineer A Water Rights Proceeding
prevails over
Stamped Document Continuing Technical Accountability — Engineer A Water Rights Analysis
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Cross-Side Employment Transition — Water Rights Proceeding
Conflict of Interest Recusal — Engineer A Water Rights Proceeding
prevails over
Stamped Document Continuing Accountability — Engineer A Water Rights Analysis
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Conflict of Interest — Cross-Side Employment
- Engineer A Stamped Document Author in Active Proceeding
- Water-Rights Court Proceeding Active State
Appearance of Impropriety Avoidance Through Isolation — Engineer A State Isolation Protocol
prevails over
Stamped Document Continuing Accountability — Engineer A Water Rights Analysis
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Conflict of Interest — Cross-Side Employment
- Engineer A Stamped Document Author in Active Proceeding
- Water-Rights Court Proceeding Active State
Confidentiality Obligation — Engineer A Former Employer and Client Technical Information
prevails over
Faithful Agent Duty — Engineer A to State Employer
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Conflict of Interest — Cross-Side Employment
- Engineer A Cross-Side Employment Transition
- Engineer A Prior Specialized Knowledge Participation Bar — Water Rights Proceeding
Open tensions recorded without a resolution:
Current Employer Litigation Strategy Confidentiality — Engineer A State Employment vs Stamped Document Continuing Accountability — Engineer A Water Rights Analysis
Faithful Agent Duty — Engineer A to State Employer vs Former Client Adversarial Proceeding Consent Prerequisite — Engineer A Water Rights State Proceeding
Faithful Agent Duty — Engineer A to State Employer vs Former Employer Loyalty Boundary in Public Role — Engineer A Ongoing Obligations to Private Firm and Client
What the board concluded
- Engineer A should be assigned other duties by the state remain isolated from the State's water rights case involving Engineer A's former employer and its client—and the state should recognize and respect Engineer A's ethical obligations in this matter.
How comparable cases resolved the same tension
A faithful-agent duty yields to a public-protection obligation. The yielding obligation ("Faithful Agent") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
24-01
Balancing Client Directives and Public...
|
Engineer L Client Budget Pressure Refusal | Engineer L Faithful Agent Boundary | Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client |
| Engineer L Client Override Regulatory Report | Engineer L Faithful Agent Boundary | Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client | |
|
20-4
Public Health, Safety, and...
|
Engineer B Post-Override Regulatory Reporting | Engineer B Faithful Agent Boundary | MWC Override of Engineers A and B |
| Engineer A Post-Override Regulatory Reporting | Engineer A Faithful Agent Boundary | MWC Override of Engineers A and B | |
|
95-5
Failure To Include Information In...
|
Engineer B Expert Witness Neutrality | Engineer B Faithful Agent Boundary | Engineer B Adversarial Engagement; Engineer B Client Defense Bias |
| Engineer B Complete Technical Reporting | Engineer B Faithful Agent Boundary | Engineer B Adversarial Engagement; Engineer B Client Defense Bias | |
|
04-8
Public Welfare—Client Action Following...
|
Engineer A Safety Obligation Wetland Fill | Engineer A Faithful Agent Limits Wetland | Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict |
| Engineer A Wetland Confidentiality Limits | Engineer A Faithful Agent Limits Wetland | Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict |