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Melanie is an engineer assigned to a project to investigate a recent structural failure which is part of a lawsuit defended by Attorney Smith for a client named Mesmer. Melanie signs a confidentiality agreement. Therefore, she may not disclose any of the results, including the conclusions, she reached in her project and documented in a report submitted to Attorney Smith.
As the litigation ensures, Attorney Smith reaches a settlement in the case. As a part of the settlement agreement, all reports associated with the litigation will be sealed and remain confidential forever. Melanie believes that her investigation has revealed a serious technical issue that, if communicated to the professional community, could prevent future structural failures.
What are Melanie's professional obligations under these circumstances?
What NSPE Code of Ethics references might apply to this case?
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