Engineering Inc. - January/February 2009 - 36

busINEss INsIGhts FRom aCEC’s INstItutE FoR busINEss maNaGEmENt ElEctronic DocumEnts; ExpErt WitnEss tEstimony; Financial planning tips for using Electronic Documents and signatures Just as technology has opened the door for more efficient information sharing among design professionals, it also has raised numerous concerns about its potential misuse, particularly with regard to sensitive documents. Michelle Kantor, head of the Construction Law Practice Group at Chicago-based McDonald Hopkins LLC, says one of the first steps a firm should take is to meet with counsel and familiarize its employees with U.S. copyright laws, as well as state engineering practice laws that stipulate who can stamp certain protected documents and what types of signatures are necessary. Apart from the law, Kantor offers this advice to keep important documents protected: n Ink trading-partner agreements with clients. These documents should clearly spell out the rules of engagement when doing business electronically; n Mark drawings with copyright protection; n Use read-only formats when sending information online; n Consider the use of encryption technologies; n Use watermarks or hidden text to distinguish original plans; n Limit document distribution; n Employ technology firewalls; n Carefully label all proprietary plans and documents; n Put disclaimers on all drawings and e-mails; n Have a good Internet and e-mail policy—one that spells out what documents can leave the firm and in what format; n Make sure you have copyright registration; and n Work with legal counsel to attain proper cyber insurance and create policies for sending and receiving electronic documents. Being an Expert Witness Engineers not only are called on to design vital infrastructure, but their expertise often is needed during construction-related court proceedings. Often referred to as expert witness testimony, this type of work is in growing demand. But for firms that supply expert witnesses for court proceedings and trials, the work requires more than simply standing before a judge and speaking the truth. To help prepare engineers interested in giving expert testimony, ACEC has developed a new education course scheduled to debut in March. Guy Vaillancourt, president of environmental engineering and remediation for Woodard & Curran, who has testified as an expert witness in trials, will join a team of lawyers and a former judge to help engineers understand their role. “Lawyers use experts a lot,” says Vaillancourt. The first step 36 ENGINEERING INC. JaNuaRy / FEbRuaRy 2009 toward being a credible expert witness is to know the material. Experts must be able to explain their positions clearly to a judge and jury. This means conducting a thorough and impartial preliminary analysis of the information. It also means learning to work alongside lawyers and getting comfortable with answering questions under oath. It’s also important not to become an advocate, explains Vaillancourt. Engineers who serve as experts must always strive to conduct an impartial analysis of events. If the work supports a lawyer’s case, the engineer might be retained to testify; if not, the lawyer might opt to go in another direction. The key, he says, is to be truthful. Showing bias can severely damage a witness’s credibility on the stand and at work. For more on this new course, visit: www.acec.org/education/ eventlist.cfm. Financial Wisdom in tough times As the nation’s economy continues to tread on shaky ground, discussions such as how a firm can shore up its balance sheet, when to consider a merger or acquisition, or issues involving effective risk management and employee stock ownership are frequently at the core of many boardroom conversations. These and other questions were top-of-mind during a September Finance Forum led by Loren Sokolow, CFO of Californiabased Psomas and Don McConnell, CFO of KCI Technologies in Maryland. Financial leaders talked about universal challenges, including changes in Federal Acquisition Regulations and the rising cost of employee health benefits. A discussion of common problems touched on several issues, from vehicle fleet policies and car allowances to lines of credit and strategic long- and short-term financial planning. In an effort to keep employees happy and secure, leaders advocated the continued value of employee savings plans and stock ownership—two benefits firms have leveraged to great effect in the hunt for new engineers. n The ACEC Institute for Business Management provides comprehensive and accessible business management education for engineering company principals and their staffs. Visit ACEC’s online educational events calendar at www. acec.org/events/index.cfm or bookstore at www.acec.org/ publications, or call 202-347-7474 for further information.

http://www.acec.org/education/eventlist.cfm http://www.acec.org/education/eventlist.cfm http://www.acec.org/calendar/index.cfm http://www.acec.org/calendar/index.cfm http://www.acec.org/publications http://www.acec.org/publications

Engineering Inc. - January/February 2009

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