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Re: BORPELS and residential room additions

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Robert D. McGhie, Esq.,

If an engineer's report is impartial and unbiased and tells the
**truth**, it is generally going to favor one side or the other or it
could favor neither side.  If the report is *neutral* (if you use that
term as I am assuming), then the report will say nothing.

An impartial and unbiased report is not neutral.  An impartial,
unbiased report that does not support the client's position will never
see the light of day and that engineer will never be called by his
client's attorney to testify for the client.

A report/testimony becomes biased when the expert *seeks* (works, has
for his/her goal) to show a result/condition, and not whether that
result/condition exists.

You are an attorney, and you have much better knowledge of client
attorney privilege than I do, but it is my understanding that client
attorney privilege occurs only when the expert is hired by the
attorney.  If, for whatever rea$on, the attorney has the client hire
the expert, then does a client attorney privilege exist between the
expert and the attorney?

A. Roger Turk, P.E.(Structural)
Tucson, Arizona