As professional engineers, we are required to uphold high ethical standards. These standards are imposed by national engineering organizations, state licensing boards, as well as various industry organizations to which we may belong. Serving as an effective expert witness requires a heightened awareness of professional ethics. The work of an expert witness is regularly scrutinized by professional colleagues and attorneys. Unfortunately, the desires of a client can sometimes influence an expert to take a position that is not founded upon established scientific, engineering, and/or industry standards. Depending on the position taken, the expert may violate professional ethics standards.This paper will provide background information followed by a discussion of the primary elements of a typical construction litigation case. The paper will present examples of potential ethical violations of expert witnesses. Specifically, this paper will discuss: 1) the first contact with a potential client; 2) performing and interpreting a conflict check; 3) document review; 4) performing an investigation; 5) preparing a written report; 6) preparing a repair scope; and, 7) providing expert testimony. Additionally, the paper will offer simple steps that can be taken by Professional Engineers to avoid violating professional ethics standards.
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