You are on page 1of 2

CASE PROBLEM N0.

3
ED TURNER AWARDED $285,000 IN LEGAL FEES IN LEGAL MALPRACTICE LAWSUIT
STATE THE PROBLEM:
1. Does Ed Turner has the ethical right to sue his first lawyer for not winning in
his first case against the Idaho state? Does his first lawyer has been unethical
in handling his case?
GET THE FACTS:

Ed Turner was the City Engineer of Idaho Falls, Idaho for over 27 years.
He refused to sign documents over which he did not have responsible charge.
Since he refused to sign the documents, Ed turner was forced to resign from
his job.
Ed sued the city of Idaho Falls for wrongful termination.
The first case was dismissed because his lawyer filed the lawsuit too late and
on the wrong forms. And because of this, Turner sued that lawyer for
malpractice.
Ed Turners new lawyer is trying to recover the costs of the wasted effort and
explained that it will be a "case within a case". The original complaint must
be shown as valid, then prove that it failed because of negligence and could
have won if his original lawyer had not mishandled the case.

CODE OF ETHICS REFERENCES:

NSPE Code of Ethics for Engineers: Rules of Practice - II.2.b. Engineers shall
not affix their signatures to any plans or documents dealing with subject
matter in which they lack competence, nor to any plan or document not
prepared under their direction and control
NSPE Code of Ethics for Engineers: Professional Obligations - III.2.b. Engineers
shall not complete, sign, or seal plans and/or specifications that are not in
conformity with applicable engineering standards. If the client or employer
insists on such unprofessional conduct, they shall notify the proper
authorities and withdraw from further service on the project
Idaho Board of Licensure of Professional Engineers: Competency for
Assignments - Use of Seal on Documents. A Registrant shall affix his
signature and seal only to plans or documents under his responsible charge.

(be! Kulang pa to eh yung tungkol naman sa LEGAL MALPRACTICE para naman


dun sa lawyer)
VIEWPOINTS:
ED TURNER:

As a professional engineer ,Ed Turner should not sign and seal any
documents which he had not provided supervisory direction and control
authority or responsible charge according to the NSPE Code of Ethics for
Engineers.
Ed turner has shown an excellent example of an engineer standing up for
his principles and championing his profession's code of conduct even
though his job was at risk.
Turner took legal action, seeking damages for wrongful termination though
he know that he might face difficulties as result of his choices but still
manage to act courageously.

IDAHO FALLS
ORIGINAL LAWYER

NEW LAWYER

FORMULATE OPINION:
Formulate an Opinion
Ed Turner should have discuss to his first lawyer the Code of Ethics for engineering profession so that his lawyer
will enable to know the coverage of his studies to defend Turner for his case.
Turners employer should have not forced him to sign and seal documents which he wasnt responsible in charge. It
shows that his employer might have a hidden agenda behind that document.
It is unethical for anyone, specifically for Ed Turners employer to force someone to do things he does not want to
do. Idaho Falls used its power over Turner; they took Turner for granted that shows their unprofessional work and
behavior.

If proven that
RECOMMENDATION
We recommend that each engineer should review and take seriously their Code of Ethics for them to avoid any
conflict relating to their profession and works. Engineers should participate in a legal organizations that will ensure
that their rights as a professional will be reviewed properly from time to time and will enable each member to have
seek their professional advises regarding anyones current situation like Ed Turners case against his employer.

You might also like