V
The Separation Rule
Eligere operates two commercial fronts: diagnostic engagements and
construction mandates. A single rule governs the boundary between
them. It is the architecture of our independence, and it is absolute.
We diagnose systems we didn't build.
We build systems we won't diagnose.
Why this rule is the practice, not a policy.
A firm that diagnoses a system and then bids to rebuild it carries a
structural incentive to find problems only it can fix. A firm that
builds a system and then audits it later carries a structural incentive
to approve its own work. Neither incentive is solved by disclosure,
by Chinese walls, or by rotating partners — it is solved by
refusing the arrangement at its source. That refusal is what a
commissioner is paying us for. Every other term in this document
follows from it.
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Scope of "system". A system, for the purpose of
this rule, is defined by the architectural boundary stated in the
engagement mandate at the moment of commissioning. Successor
systems — those that replace, inherit, or directly derive
from a system Eligere has engaged with — fall within the
same exclusivity zone.
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Permanence. The rule applies without time
limitation. An engagement does not expire into the opposite role.
No cooldown period converts a prior diagnostic into an eligible
construction mandate, or a prior construction mandate into an
eligible diagnostic, for the same system.
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Firm-wide application. The rule applies to the
practice as a whole — not to individual practitioners. A
system diagnosed by any principal cannot be built by any other
principal of the firm. A system built by any principal cannot be
diagnosed by any other principal. There is no internal switching
and no Chinese wall.
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Organizational scope. The rule is per-system,
not per-organization. A diagnostic engagement at Organization X
does not foreclose a construction mandate at Organization X
— provided the construction mandate addresses a different
system, with a distinct architectural boundary. Every inquiry is
screened for conflict against the register of prior engagements
at the organization.
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Conflict register. Eligere maintains an
internal record of the architectural boundary of every engagement.
New inquiries are screened against this register before any
scoping session is scheduled. If a conflict exists, the inquiry
is declined at that stage — not negotiated, not waived.
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Post-engagement referrals. When a diagnostic
concludes that construction is required, Eligere does not take
the construction at that organization for that system. Where
appropriate, we help the commissioner identify an independent
party. We do not receive referral fees, commissions, or any
compensation from parties we suggest.
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No waiver. The rule is not waivable by any
party — not by the commissioner, not by the board, not by
the practitioner. A clause in a mandate purporting to waive this
rule is void; an engagement accepted on such a waiver is an
engagement accepted in error, and is terminated without fee on
discovery.
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Systems built by principals under separate entities.
Systems built by Eligere principals under other legal entities
— see the Field Record
— are treated as built systems for the purpose of this rule:
Eligere will not be commissioned to diagnose them. Parties seeking
independent diagnosis of those systems are referred to third parties.