Exhibit at Association Meetings

We have taken this case to clarify the ethical aspects of what appears to be a growing trend of various associations inviting consulting engineers to promote their services through exhibits and displays at conventions and conferences. A similar question was posed and resolved in Case 61-7, at a time when the applicable ethical standard was the Canons of Ethics and Rules of Professional Conduct, now superseded by the NSPE Code of Ethics. In 1961 the ethical standard with regard to advertising was substantially different than the standard now contained in Section 3(a) of he NSPE code. Accordingly, we now approach the question afresh.

We held in the 1961 case that "the purpose of the exhibit is, in effect, an advertisement and must accordingly be governed by the canons and rules applicable to professional advertising." It was then concluded that the exhibit in question (at a convention of members of local school boards) was not a violation of the canons or rules under the then prevailing standard that advertising of engineering services was permissible if it was not "self-laudatory," and was "circumspect," and would not "do injury to the dignity and honor of his profession." The then-rule further stipulated that the advertising media to be used should be restricted "as are necessary to reach directly an interested and potential client or employer, and such media shall in themselves be dignified, reputable, and characteristically free of any factor or circumstance that would bring disrepute to the profession or to the professional using them."

Under the 1961 criteria it was concluded that an engineer could ethically have an exhibit at the convention of school officials on the assumption that the exhibit was in accord with the above-stated standards. One member of the board dissented in that holding, con- tending that it is doubtful that the exhibit could be maintained on a "circumspect" basis and thus would tend to discredit the dignity of the profession, and "since other effective media and contracts are available, it seems inappropriate to either condone or encourage the use of exhibit booths."

We have set out the rationale of the 1961 decision in some detail as back ground to again point out that the ethical standards for advertising under the canons and rules were subsequently found to be unworkable in practice, leading to a basic change in concept under the cur rent NSPE code which now prohibits advertising of engineering services. We perceive no reason to change the stand taken in 1961 that exhibits of the type de scribed herein are advertisements in tended to promote the interests of the displaying engineers or their firms. As such they are not permitted by section 3(a) of the code and do not fall within the exceptions permitting stipulated "means of identification," even though the material distributed may be in conformance with Section 3(a)(3). In reaching this conclusion we are mindful that the basic question of advertising of engineering services continues to be one of substantial difference of opinion between and among engineers and various engineering societies. Whether or not the continuing discussion and debate of the advertising question may result in an eventual change in the code is beyond our power of projection. We are bound to interpret the code as it stands and consequently hold that exhibits and displays of engineering services of the type described are proscribed by Section 3(a) of the code.

Note: The following Code sections no longer exist:

Code of Ethics-Section 3(a)-"The Engineer shall not advertise his professional services but may utilize the following means of identification:

"(1) Professional cards and listings in recognized and dignified publications, provided they are consistent in size and are in a section of the publication regularly devoted to such professional cards and listings. The information displayed must be restricted to firm name, ad- dress, telephone number, appropriate symbol, names of principal participants, and the fields of practice in which the firm is qualified.

"(2) Signs on equipment, offices, and at the site of projects for which he renders services, limited to firm name, address, telephone number, and type of services as appropriate.

"(3) Brochures, business cards, letterheads, and other factual representations of experience, facilities, personnel and capacity to render service, providing the same are not misleading relative to the extent of participation in the projects cited, and provided the same are not indiscriminately distributed."