July/August 2019

Legal Beat
Forensic Predicament, Business Cards

BY ARTHUR SCHWARTZ, DEPUTY EXECUTIVE DIRECTOR AND GENERAL COUNSEL

Question: I recently started a forensic engineering practice. One of the challenges I have faced relates to initial contacts with attorneys. Occasionally an attorney will contact me and provide me with details about a lawsuit being litigated, implying the possibility of retaining me as a forensic engineering expert. I later find out that the attorney has retained a different forensic engineering expert for the lawsuit. The same attorney then seeks to challenge my qualifications and prevent me from serving as an expert for another party in the litigation on the grounds that because I have been provided with alleged advance confidential details and information regarding the case, I have a conflict. Are there any suggested methods to avoid this type of predicament? (Indiana)

Answer: One method frequently used by forensic engineers to address this issue is to require a written agreement between the forensic engineering expert and the principal attorney seeking the services of the forensic engineering expert before there is any discussion about the litigation. The only prior discussion between the forensic engineering expert and the principal attorney should relate solely to the forensic engineer’s qualifications and the contract’s terms and conditions. The agreement should also state that no case details shall be discussed between the forensic engineering expert and the principal attorney until (a) the forensic engineering expert receives the signed agreement from the principal attorney, (b) the required retainer is paid, (c) the forensic engineering expert signs the agreement, and (d) returns a copy of the fully executed agreement to the principal attorney to be confirmed in writing by the principal attorney. The agreement should also state that the forensic engineering expert retains the right to be retained by any party until such time as the forensic engineering expert returns the executed copy of the agreement to the principal attorney and confirms receipt of the agreement in writing.

Question: My engineering firm is in the process of doing a branch relaunch. The firm will be redesigning our employee business cards. A question has arisen concerning the use of the professional engineer designation. We are considering not including the periods between P and E as the abbreviation for professional engineer. Are there any specific laws or regulations relating to the use of the PE designation? (Texas)

Answer: Yes. The Texas Engineering Practice Act (§ 1001.403. Professional Identification) states that a person licensed under this chapter shall use the term “Engineer,” “Professional Engineer,” or “P.E.” in the professional use of the person’s name on a sign, directory, listing, document, contract, pamphlet, stationery, advertisement, signature, or another similar written or printed form of identification.