Many engineers refrain from comments online for legal reasons. Anything posted publicly can be used for discovery. Private community forums, emails, and text messages can be used as evidence, as well. Many times, lawyers will immediately seek out facebook and linkedin profiles of a person involved with a case. Even if posts do not relate to a specific case, they can use them to formulate a character that may or may not reflect an individual's true identity.
Furthermore, the ASCE Code of Ethics states "express professional opinions truthfully and only when founded on adequate knowledge and honest convictions." This means we are free to express personal opinions on just about any topic, but when we are expressing "professional opinions," our background knowledge needs to be sound. Of course I have opinions on roadways, but as a steel design engineer, I do not have the adequate knowledge to opine on in depth traffic engineering issues.
Just by mentioning the Code of Ethics or any referenced source, we are opening ourselves up to a lawyer asking in the courtroom "Are you familiar with the ASCE Code of Ethics Society Section Item C?" Our answer should be "Yes."
Previous generations, had very formal means of communication - document, letter, and fax. Discussions not intended for record are best handled on the phone or in-person, which is still the case today. Social media, emails, forums, and texts introduce a more casual form of communication somewhere between. Recent court cases prove that texts are discoverable.
How do we overcome this legal issue?
Some engineers choose to abstain 100% from social media to avoid any problem.
Abide by the Collaborate Code of Conduct which has been constructed in a way to avoid these pitfalls.
Talk about past jobs only and not current jobs.
Talk about issues outside your field of practice without getting too specific.
Ask yourself - is this a personal opinion or professional opinion? before you post.
------------------------------
Chad Morrison P.E., F.ASCE
Professional Engineer
Greenville RI
------------------------------
Original Message:
Sent: 12-02-2021 05:00 AM
From: Andres Guzman
Subject: Why Don't You Respond? (Building Online Confidence)
Hi Daniel! It is a nice question! Sometimes, I imagine that our community does not participate in forums because of a lack of communication skills (e.j. English sufficiency, the proper way to express themselves positively). In my case, it is a lack of enough time to read every post, but I try to do it and straightforwardly offer my perspective. It is not necessary to write "a letter" to express an opinion. As you mention, everyone has something to give (any idea, experience); it will help build a better community and accomplish our mission as engineers.
Regards,
AG
------------------------------
Andres Guzman Ing., M.ASCE
Associate Professor
UNIVERSIDAD DEL NORTE
Barranquilla
------------------------------