Engineers as experts and advisors in profesional ethics

1. ENGINEERS AS EXPERT WITNESS AND ADVISORS

2. IMPORTANCE OF STUDYING ETHICS
The members of the professions, including engineering, find themselves in a world ever
increasing ethical complexity, brought about by increasing social and commercial
pressures, and by changes in the nature of the professions themselves. To enable
engineering graduates to deal effectively with these challenges we must ensure that, as
students, they develop moral autonomy. To achieve this they must be exposed to a wide
range of ethical issues including, the nature of ethics and moral decision making, and the
relationship between science, engineering, technology and society, as well as the concept
of professional ethics and the application of the code of ethics.

3. Who is an Expert ?
An expert may be defined as a person whose qualifications or expertise give an added
authority to opinions or statements given or made by him within his area of expertise.

5. “An expert witness is a person engaged to give an opinion based on
experience, knowledge, and expertise. The overriding duty of an expert
witness is to provide independent, impartial, and unbiased evidence to
the court or tribunal.”

6. DISCUSSION BETWEEN EXPERTS
Experts will meet to discuss the issues in dispute, either by agreement or
following a count order. They will produce a joint statement setting out the extent
of any agreement between them and the points of, and short reasons for, any
disagreement.

7. EXPERT EVIDENCE AT TRAIL
Oral expert evidence can only be given at trial with the court's permission.
Experts no longer have immunity from suit for breach of duty. It is still not
possible, however, for an opposing party to bring claim against an expert.

8. ENGINEERS AS EXPERT WITNESS
• Engineers are required to act as consultants and provide expertise opinion.
• They should explain the causes of accidents, malfunctions and other
technological behaviour of machines.

9. ROLES OF EXPERT WITNESS
• Prepare reports.
• Help to prepare statement of claim or defence.
• Advice on disclosure documents.
• Meet other experts and try and limit their issues.
• Advice in settlement negotiations.

10. THE DUTIES AND RESPONSIBILITIES OF
EXPERT WITNESSES
1. Expert evidence presented to the Court should be, and should be seen to be,
the independent product of the expert un influenced as to form or content by the
exigencies of litigation.
2. An expert witness should state the facts or assumption upon which his opinion
is based He should not omit to consider material facts which could detract from
his concluded opinion.
3.An expert witness should make it clear when a particular question or issue falls
outside his expertise.

11. CONT……
4. If after exchange of reports an expert witness changes his view on a material
mater having read the other side's expert's report or for any other reason, such
change of view should be communicated through client's legal counsel to other
side without delay and when appropriate to the Court.
5. Expert evidence refers to photographs, plans, calculations analyses
measurements, survey reports or other similar document these must be provided
to the opposite party at the same time as the exchange of reports.

12. EYE WITNESS
Eyewitnesses are not ordinarily experts, but may be if they directly saw
something associated with the case.

13. EXPERT WITNESS
Expert testimony is evidence presented through someone who has the specialized
training and experience needed to talk about something that others might not
ordinarily know about.

14. PROVING EXPERTISE
• The party calling the expert bears the burden of proving the experts qualifications
and credentials.
• In the absence of a rebuttal of expertise, the judge will accept witness’s testimony
of his qualifications or experience as evidence of his expertise and the primary
evidence will not be required.

15. ENGINEERS AS ADVISORS
The engineers are required to give their view on the future such as in planning, policy-
making, which involves the technology.
ISSUES AND REQUIREMENTS FOR ENGINEERS WHO ACT AS
ADVISORS:
• Objectivity.
• Study all aspects.
• Values.

16. CONT…
1. OBJECTIVITY:
The engineers should study the cost and benefits of all possible alternative means in
objective manner, within the specified conditions and assumptions.
2. STUDY ALL ASPECTS:
They have to study the effectiveness, technical feasibility, skills and social
acceptability, which include environmental and ethical aspects, before formulating
the policy.
3. VALUES:
Engineers have to posses the qualities, such as honesty, diligence (careful and alert),
loyalty in serving the interests of the clients and maintaining confidentiality, and
public trust.

17. ROLES THAT AFFECT THE ADVISORS
• Hired Guns.
• Value – neutral analysts.
• Value – guided advocates.

18. CONT..
1. HIRED GUNS:
The prime obligation is shown to the clients. The data and facts favorable
to the clients are highlighted, and unfavorable aspects are hidden or treated
as insignificant. The minimal level of interest is shown for public welfare.
2. VALUE – NEUTRALANALYSTS:
This assumes an impartial engineer. They exhibit conscientious decisions,
impartiality.
3. VALUE – GUIDED ADVOCATES:
The consulting engineers remain honest and autonomous in judgement and
show paramount importance to the public.

19. CONCLUSION
Choosing an expert and advisor is the most important thing. A great expert
witness must have a clear and confident communication. They should be in a
state of authority.