Question

Before exploring the two major case studies, take a look at this brief scenario from the National Society of Professional Engineers (NSPE), which is based on an actual situation:

When damages arise from engineering failures, Expert Eye, a licensed Professional Engineer (PE), is often asked to consult during the resulting lawsuit. Eye typically provides expert analysis and advice to attorneys about the technical reasons for the alleged failure. Expert Eye may also be called on to testify about Eye’s findings as an expert witness by giving a deposition before a trial and then possibly testifying at a trial.

In the past, Expert Eye was compensated on an hourly plus expenses basis. However, in the current case, the plaintiff asks Expert Eye, PE to accept as payment a percentage of the eventual damage award -- in the event the plaintiff wins the case. If the defendant comes out on top, however, Eye will not collect a dime. Eye agrees to this proposal.

• Would Eye’s providing of services for a percentage of a possible court award be ethical?

• Why?

Answer 1

In this kind of situation, the Expert Eye, PE's job is to to analyze the reason for technical failure and testify about Eye's findings as an expert witness. The compensation of hourly plus expense basis is a more ethical approach since in this case there would be no problem with the Eye's payment and will take the job more seriously. But in the scenario when the Eye gets a percentage of the damage if the plaintiff wins the case is more risky and unethical as there are chances if the plaintiff looses the case, the Eye won't get any fund and it can also happen that in that pressure, the Eye can adopt unethical means to turn things in the plaintif's favour so that he can earn his percentage. And if this happens, his service would be completely unethical.