Legal Definitions - secundum artem

Secundum artem is a Latin phrase meaning "according to the art" or "according to the trade." In a legal context, it refers to the requirement that a professional's actions, services, or work must conform to the accepted standards, best practices, or established methods of their particular profession or craft. It implies acting with the skill, care, and diligence that a reasonably prudent professional in that field would exercise.

• Example 1: Medical Practice

  A surgeon performs a complex heart bypass operation. During the procedure, the surgeon meticulously follows all established surgical protocols, uses sterilized instruments, and applies the techniques widely recognized as best practices within cardiovascular surgery. Even if an unforeseen complication arises, as long as the surgeon performed the operation with the expected level of skill and care, adhering to all professional standards, they acted secundum artem. This means they fulfilled their professional duty by operating according to the accepted "art" of medicine.

• Example 2: Engineering and Construction

  A structural engineer is tasked with designing the foundations for a new high-rise building. The engineer conducts thorough soil analyses, calculates load-bearing capacities based on industry-standard formulas, and specifies materials and construction methods that comply with all local building codes and established engineering principles. By designing the foundation in strict adherence to these professional standards and accepted practices, the engineer is working secundum artem, ensuring the structural integrity is based on sound, recognized engineering "art."

• Example 3: Financial Accounting

  An independent auditor is reviewing a company's financial statements to ensure their accuracy and compliance. The auditor follows Generally Accepted Auditing Standards (GAAS), which dictate how audits should be planned, performed, and reported. This includes verifying transactions, assessing internal controls, and ensuring that the financial statements are prepared according to Generally Accepted Accounting Principles (GAAP). By strictly adhering to these professional auditing and accounting "arts," the auditor performs their duties secundum artem, providing a reliable and compliant assessment of the company's financial health.