Rule 30-201-4.4 - Full Disclosure4.4.1 An architect, making public statements on architectural questions, shall disclose when the architect is being compensated for making such statement. Commentary - Architects frequently and appropriately issue statements on questions affecting the environment and the architect's community. As citizens and as members of a profession acutely concerned with environmental change, they doubtlessly have an obligation to be heard on such questions. Many architects may, however, be representing the interests of potential developers when making statements on such issues. It is consistent with the probity which the public expects from members of the architectural profession that they not be allowed under the circumstances described in the rule to disguise the fact that they are not speaking on the particular issue as an independent professional but as a professional engaged to act behalf of a client.
4.4.2 An architect shall accurately represent to a prospective or existing client or employer the architect's qualifications and the scope of the architect's responsibility in connection with work for which the architect is claiming credit. A. it shall be the responsibility of each registered architect to clearly and appropriately state prior professional experience of the architect and/or the firm the architect is representing in presenting qualifications to prospective clients, both public and private. If an architect uses visual representations of prior projects or experience, all architects-of-record must be clearly identified. Architect-of-record means persons or entities whose seal appear on plans, specifications and/or contract documents.B. an architect who has been an employee of another architectural practice may not claim unconditional credit for projects contracted for in the name of the previous employer. The architect shall indicate, next to the listing for each project, that individual experience gained in connection with the project was acquired as an employee, the time frame in which the project was performed, and identify the previous architectural firm. The architect shall also describe the nature and extent of the architect's participation in the project.C. an architect who was formerly a principal in a firm may legitimately make additional claims provided the architect discloses the nature of ownership in the previous architectural firm (e.g. stockholder, director or officer) and identifies with specificity the architect's responsibilities for that project.D. an architect who presents a project that has received awards recognition must comply with the requirements of Rule 4.4.2 with regard to project presentation to the public and prospective clients. E. projects which remain unconstructed and which are listed as credit shall be listed as "unbuilt" or a similar designation. Commentary - Many important projects require a team of architects to do the work. Regrettably, there has been some conflict in recent years when individual members of that team have claimed greater credit for the project than was appropriate to the actual work performed by them. It should be noted that a young architect who develops experience working under a more senior architect has every right to claim credit for the work which the young architect actually performed. On the other hand, the public must be protected from believing that the younger architect's role was greater than was the fact. If a brochure represents an employee's involvement on a specific project, while employed by another firm, the brochure provided shall include the employee's specific responsibilities on the project and the architect of record for the project.
4.4.3 The registrant shall not falsify or permit misrepresentation of an associate's academic or professional qualifications. The architect shall not misrepresent or exaggerate the architect's degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, location of offices or residency, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing the architect's qualifications and/or work.4.4.4 If, in the course of the architect's work on a project, an architect becomes aware of a decision taken by the architect's employer or client against the architect's advice, which violates applicable state or municipal building laws and regulations and which will, in the architect's judgment, materially and adversely affect the safety to the public of the finished project, the architect shall: A. report the decision to the local building inspector or other public official charged with enforcement of the applicable state or municipal building laws and regulations; andB. refuse to consent to the decision; and C. in circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding the architect's objection, terminate the architect's services with reference to the project. Commentary - This rule holds the architect to the same standard of independence which has been applied to other professionals such as lawyers and accountants. In the circumstances described, the architect is compelled to report the matter to a public official even though to do so may substantially harm the architect's client. Note that the circumstances are a violation of building laws which adversely affect the safety to the public of the finished project. While a proposed technical violation of building laws (e.g., a violation which does not affect safety) will cause a responsible architect to take action to oppose its implementation, the PCC specifically does not make such a proposed violation trigger the provisions of this rule. The rule specifically intends to exclude safety problems during the course of construction which are traditionally the obligation of the contractor. There is no intent here to create a liability for the architect in this area. Clause (c) gives the architect the obligation to terminate services if the architect has clearly lost professional control. The standard is that the architect reasonably believes that other such decisions will be taken notwithstanding the architect's objection.
4.4.5 An architect shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with the architect's application for registration or renewal or otherwise lawfully requested by the Board. Commentary - The registration board which grants registration or renews registration on the basis of a misrepresentation by the applicant must have the power to revoke that registration.
4.4.6 A licensee shall make no false or malicious statements which may have the effect, directly or indirectly, or by implication, of injuring the personal or professional reputation or business of another member of the profession.4.4.7 An architect shall not assist the application for registration of a person known by the architect to be unqualified in respect to education, training, experience, or character. 4.4.8 A licensee who has knowledge or reasonable grounds for believing that another individual or another member of the profession has violated any statute or rule regulating the practice of architecture shall have the duty of presenting such information to the Board. Failure to report such acts may result in disciplinary action by the Board. Commentary - This rule has its analogue in the Code of Professional Responsibility and/or Rules of Professional Conduct for lawyers. Its thrust is consistent with the special responsibility which the public expects from architects. The public expects that professions will be guided in their conduct by a commonly accepted standard of conduct and that architects will assume a primary role in ensuring ethical conduct by their colleagues. This principle is the foundation of the requirements to report violations found in Rule 4.4.8. An architect's accountability in this regard extends to the actions of parties external to their practice and to their practice colleagues.
4.4.9 For the purposes of these Rules of Conduct, any registered architect who, alone or with others, is in charge of a firm's architectural practice shall be deemed to have violated these rules if the firm has violated these rules.30 Miss. Code. R. 201-4.4
Miss. Code Ann. § 73-1-13, 29