An architect who worked for a governmental agency
that reviewed and approved architectural projects left to become a consultant
to clients seeking approvals from the very same agency. While the architect
violated no policy or law in using his inside information about the agency on
behalf of his clients, some of his former colleagues in government thought that
his actions violated the confidentiality of his previous employer.
Professional ethics often
revolves around the tension between society’s assumption that professionals
will keep the public interest uppermost in mind and clients’ expectation that
we will look after their needs first. In many cases, these divided loyalties
align and professionals meet the desired outcomes of both their clients and the
community. However, when a conflict arises, professionals have to decide where
to draw the line and to seek a reasonable resolution.
An example of that occurs
in this case, where an architect with inside knowledge of how a public agency
works uses that information to benefit clients seeking the agency’s approval.
On the positive side, the architect’s knowledge can make the approval process
go more smoothly for both sides, making sure that the agency has the information
they need in order to make a timely decision, which of course also benefits the
client. However, there also exists the possibility that the architect will use
that knowledge to help clients push to the limit what the agency will accept
and even skirt requirements for which there remains room for interpretation.
The
AIA’s code of ethics alludes to this possibility with rules such as: “A Member shall not render
professional services if the Member's professional judgment could be affected
by responsibilities to another project or person, or by the Member's own
interests, unless all those who rely on the Member's judgment consent after
full disclosure.” In this case, the architect has fully disclosed his former
government employment to clients, who no doubt commissioned him in part because
of it. But this situation does raise questions about the architect’s divided
loyalties. Does he retain a sense of responsibility to his former employer,
which might disadvantage his clients, or feel responsible to his clients and so
possibly do a disservice to the public interest that the governmental agency
seeks to protect?
A related rule in the AIA Code of Ethics suggests
another potential problem with this situation. “Members shall not knowingly
disclose information that would adversely affect their client or that they have
been asked to maintain in confidence.” Here, the architect has confidential
information about how the agency works and makes decisions as well as
confidential information about what his clients intend in terms of meeting – or
not meeting – the requirements the agency tries to enforce. The non-disclosure
rule in the AIA Code of Ethics, however, expects architects to reveal something
held in confidence that might be unlawful or a violation of a legislated policy
or judicial ruling. Knowing what the law allows or doesn’t allow remains the
competitive advantage of this architect, although he treads a fine line between
the government seeking to enforce the law and clients who might try to shirk
it.
The American Bar Association specifically prohibits
attorneys from “represent(ing) a
client in connection with a matter in which the lawyer participated personally
and substantially as a public officer or employee, unless the appropriate
government agency gives its informed consent, confirmed in writing, to the
representation.” The architectural profession would do well to institute a similar rule. At
stake is the public’s faith in our ability to keep the public interest in mind,
without which we cease being a profession.
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