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Ethics-Conflict

Discussion in 'Business, Finance & Legal' started by Charlie c, Jul 16, 2017.

  1. Charlie c

    Charlie c 4-Year Member

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    Client called today and wants a survey between his property and neighbor.
    I have worked for neighbor in the past, but not on this property.
    Would you take on the job?
     
  2. Tom Healy

    Tom Healy 6-Year Member

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    Wouldn't you set the line in the same place if you were hired by the neighbor? Then there should be no conflict.

    Sent from my SM-G920V using Tapatalk
     
  3. paden cash

    paden cash 7-Year Member

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    A wise man once said, "If you try to please everybody someone is going to get mad." And it's pretty much true. Don't let that get in the way of your work.

    As a professional surveyor one should have the ability to remove their personal acquaintances from the facts of a survey.
     
  4. Loyal

    Loyal 7-Year Member

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    Professional Land Surveyors are NOT advocates for their clients (like a defense attorney IS).

    Loyal
     
    Tom Adams, bruces, foggyidea and 3 others like this.
  5. Holy Cow

    Holy Cow 7-Year Member

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    Don't believe I could count the number of times this has come up over the decades. Get'r'done!!!

    As mentioned above, we are not advocates. We are seekers of the truth.
     
    SellmanA, FL/GA PLS. and Peter Ehlert like this.
  6. Nate The Surveyor

    Nate The Surveyor 7-Year Member

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    You would be perhaps the ideal person to do it...
     
  7. Richard Imrie

    Richard Imrie 1-Year Member

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    IMHO, if it was me I'd let the client know of your previous work with the neighbor, then if they are ok with that ask if they are ok with you notifying the neighbor, so that there are no surprises or suspicions.
     
  8. Tommy Young

    Tommy Young 6-Year Member

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    If you think there is a reason you can't ethically do this job, you need to go back and reassess your entire career.
     
  9. clearcut

    clearcut 7-Year Member

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    Disclose your prior client relationship to alleviate any misgivings.
    In Ca it is actually a law to do so.
     
  10. Dan Patterson

    Dan Patterson 6-Year Member

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    what's the issue??
     
  11. Holy Cow

    Holy Cow 7-Year Member

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    Trying to decide when to say anything to the client about connections to the adjoiner can be tough because there is no rule of thumb to follow.

    On one recent job the client was someone I have known well for 50 years and for whom I have done prior jobs. One adjoiner is a fellow I have known as far back as I can remember and we were classmates in high school and I have done jobs for two of his sons. The other adjoiner is a fellow I have known as far back as I can remember and were in school together and I have done a prior survey for him in a different section. And, my helper one day on this project is married to the client's niece.

    We set up the base station on a hill top on one of the adjoiners. That was great. It gave me an excuse to drive past the house, far off the road, where my father's parents were married as that quarter section was owned by my grandmother's aunt and uncle in 1913.

    It is common for me to have jobs where I have known the client and several of the adjoiners for decades. I've had three generations of the same family as clients.
     
  12. mattharnett

    mattharnett 5-Year Member

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    I would survey his boundaries and mark them. I'd even make sure to say hi to the fella next door.
     
    Tom Adams likes this.
  13. thebionicman

    thebionicman 3-Year Member

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    It would only be a problem if there issues between them. I'm going to ask that question anyway...
     
  14. paden cash

    paden cash 7-Year Member

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    First, I don't see this as any sort of "ethics" issue. If we excluded surveying any boundary that may or may not adjoin someone we either know or have worked for in the past, we would quickly run out of places we could survey. But In my mind this brings up an interesting point.

    If I'm reading the OP correctly Charlie c may be "uncomfortable" in surveying for the adjoiner of a previous client. And I will fall short of any sort of admonishment; been there, done that.

    If a job makes you uncomfortable or places you in a private/ personal situation you would like to avoid; by all means, turn down the job. And it's perfectly OK to do so. But don't confuse it with ethics.
     
    Daniel Ralph likes this.
  15. JPH

    JPH 5-Year Member

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    You have to let the potential client know beforehand. Not that you have any issues surveying it and remaining unbiased in your opinion. But the potential client, once informed of the prior relationship, has the opportunity to figure out if he has an issue with it, and can make the decision whether he wants to trust you or go with someone else ho has no former relationship.
     
  16. Mark Mayer

    Mark Mayer 7-Year Member

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    Quite possibly your client referred the neighbor to you. I'd drop the client a note and get to work. .
     
    BushAxe likes this.
  17. Mike Marks

    Mike Marks 6-Year Member

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    That raised my eyebrows a bit so I looked it up. Here's the salient code:

    (b) Conflict of Interest:
    (1) If a licensee provides professional services for two or more clients on a project or related projects, the licensee shall disclose in writing to those clients and property owners or their authorized representatives his or her relationship to those clients.​
     
  18. Tommy Young

    Tommy Young 6-Year Member

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    So that settles it, there are not related projects, therefore there is no requirement to inform the client. However, I agree that it would probably be a good idea to tell the client that you've done a lot of work for his neighbor, just in case at some point the excrement hits the propulsion device.
     
    Adam and Robert Hill like this.
  19. Murphy

    Murphy 2-Year Member

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    It would be unethical if you charge your new client a discounted fee based solely or in part on data gathered while under contract with the former client.
     
  20. Tommy Young

    Tommy Young 6-Year Member

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    To be clear, do you mean charging the new client a discounted fee while you are under contract with the other client, or do you mean charging the new client a discounted fee using data collected for the former client?
     

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