Engineering Ethics: Engineers and Fiduciary Duties-Presentations (Video)

Video Transcription

Video Summary

The presentation explored fiduciary duties and how they relate to engineers. Speaker Matthew Rectine explained that fiduciaries are people required to act with loyalty, good faith, candor, and care on behalf of another. He traced the idea back to the Bible, Roman law, and classic legal cases, emphasizing that fiduciary relationships are built on trust and cannot involve “two masters.”<br /><br />He then discussed common fiduciary relationships, such as lawyer-client, trustee-beneficiary, guardian-ward, and corporate officer-corporation. Engineers, he argued, can sometimes be fiduciaries, especially where state ethics rules use language like “faithful agents” or “trustees.” However, engineers also owe strong duties to the public, safety, and the profession, which creates tension with client loyalty.<br /><br />Rectine noted that the law varies by state: some recognize fiduciary duties for design professionals, while others do not. He highlighted a California case where an engineer faced massive liability after being treated as a fiduciary. He concluded with practical tips to avoid unintended fiduciary status, including careful contract drafting, avoiding words like “trusted advisor” or “agent,” and clarifying that the engineer is an independent contractor. He also answered questions about design-build projects and expert witness work, warning that certain roles may increase fiduciary-like risks.

Keywords

fiduciary duties

engineers

loyalty

good faith

trust

client relationship

state ethics rules

contract drafting

independent contractor