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Martin S. High, P.E., Ph.D., J.D # Paul E. Rossler, P.E., Ph.D @ Oklahoma State University

For presentation at the 2006 ASEE Annual Conference and Exposition. A Comparative Study of Professional Ethics: What Can the Ethics of the Legal Profession Teach Engineers?. Martin S. High, P.E., Ph.D., J.D # Paul E. Rossler, P.E., Ph.D @ Oklahoma State University Stillwater, OK 74078.

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Martin S. High, P.E., Ph.D., J.D # Paul E. Rossler, P.E., Ph.D @ Oklahoma State University

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  1. For presentation at the 2006 ASEE Annual Conference and Exposition A Comparative Study of Professional Ethics: What Can the Ethics of the Legal Profession Teach Engineers? Martin S. High, P.E., Ph.D., J.D# Paul E. Rossler, P.E., Ph.D@ Oklahoma State University Stillwater, OK 74078

  2. Paper Goals • Present overview of the structure of the legal ethics paradigm • Describe how the case method of ethics education in law schools operates • Provide an example of how an engineering ethics case study • Advocate for an emphasis of “Professional Responsibility” in our curricula

  3. Topics and Types of Specific Rules Contained in the Model Rules

  4. NSPE – Model Code Concordance

  5. Example Headnote [4] 45 Attorney and Client 45I The Office of Attorney 45I(A) Admission to Practice 45k11 Practitioners Not Admitted or Not Licensed 45k11(2) Acts Constituting Practice of Law in General 45k11(3) k. Drafting or Preparation of Documents. An attorney, licensed to practice law in the state of Ohio, aids in the unauthorized practice of law when he or she assists non-attorneys to market or sell living trusts. Code of Prof. Resp., DR 3-101(A).

  6. Example Engineering Case In the Matter of Earl F. McKinney, P.E. 10805; Case No. 2005-073; Summary of Findings of Fact and Conclusions of Law; Earl F. McKinney, is found Guilty for violations in Kentucky which would have also been violations in the state of Oklahoma, and is hereby Revoked. The findings by the Kentucky Board are as follows (1) Respondent was found guilty of making untruthful assertions in the annual renewals of his NCEES Record. (2) Respondent was found guilty of making untruthful statements when testifying before the Nevada PE & LS Board and applying for a license in California. (3) Respondent was found guilty of signing and sealing plans without first reviewing the plans. (4) Respondent was found guilty of sealing a survey plat for three lots with his Kentucky engineering seal when he is not a licensed land surveyor. (5) Respondent was found guilty in Texas of erroneously sealing and stamping plans outside his discipline on two occasions with respect to surveys. (6) Respondent was found guilty in Texas of providing false information to the Board. (7) Respondent was found guilty in Nevada of signing and sealing electrical plans when he was not licensed to do so.

  7. Approach to Professional Reponsibility Teaching • Ethics Cases • Available from every state • Some states do not publish detailed opinions • Legal cases are available for “engineering malpractice” cases. • Combined with a ethics text (e.g. Jones & Ferrill, The Seven Layers of Integrity, AuthorHouse, 2006.

  8. Topics Tested on the MPRE and Percent of MPRE Devoted to Topic

  9. Conclusions • Regardless of public opinion on the ethics of the legal profession, ethical training of attorneys in professional responsibilities goes beyond what is seen in any engineering curricula. • Policing and enforcement of legal ethical violations is rigorous. • Engineering educators may serve the engineering profession greatly by considering the legal model of professional responsibility training. • Case method provide a concrete basis for professional responsibility training. • Broadening the scope beyond “ethics” to “professional responsibility” will serve our students well and aid to enhance the reputation of the engineering profession.

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