Facts: Client TM is a Registered Professional Engineer with 38 years of experience. TM was hired to draft a stormwater detention engineering design that was needed by a customer to obtain a building permit for a swimming pool on his property. His first draft for a building permit was rejected by the city. He advised the customer that the project would be far more expensive than originally bid. The customer agreed that TM would just refund the deposit he paid. Prior to the refund being paid, the customer filed a complaint with the Texas Board of Professional Engineers and Land Surveyors (the “Board”). After TM was notified of the complaint, he refunded the deposit and the customer rescinded the complaint. However, the Board pursued the complaint anyway saying TM had failed to practice engineering in an honest and ethical manner and failed to act as a faithful agent to his client because it took him over three months to pay the refund and did so only after the complaint was filed. The Board issued a proposed Consent Order to TM, imposing a one-year suspension of his license probated and successful completion of ten hours of continuing education in ethics.
Outcome: TM rejected the proposed Consent Order and hired Bertolino LLP to represent him in front of the Board at an informal conference. At the conference, TM was led through a question-and-answer presentation regarding going through a divorce at the time and having to sell his house in another state which caused him to neglect the refund. He met with the customer within 24 hours of learning about the complaint and paid him the refund. The customer was satisfied and told TM that he would withdraw the complaint. After deliberations, the Board modified the Consent Order to an informal reprimand, no suspension of license and successful completion of ten hours of continuing education in a second-level ethics class within eight months.