D. Lawyer as Arbitrator/Mediator/TP Neutral

Question 1

When is Lawyer acting as TP neutral?*

Answer 1

1) Assisting 2 or more Non-Clients

2) Resolving dispute

Question 2

What type of rules are Lawyers as TP neutrals subject to?

Answer 2

• Legal ethics

- Codes of Conduct (e.g. AAA)

Question 3

What must Lawyer warn to NON-represented Parties?*

Answer 3

Lawyer does NOT represent Parties!!!

• Lawyer does NOT protect Parties’ interests
• Attorney-Client privilege does NOT protect Lawyer and Parties’ communications

Question 4

When may Lawyer represent NON-represented Parties?*

Answer 4

Litigation!!!
- ALL Parties give informed consent in writing

Lawyers in Lawyer’s firm
- Lawyer must be screened + Parties must be notified of screening in writing

Lawyer acting as Partisan Arbitrator