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Ethics and Mediation: Managing Conflicts of Interest and Use of Advanced Waivers of Conflicts - Chapter 62 - AAA Handbook on Mediation - Third Edition

Author(s): 
Paul M. Lurie
Jeremy S. Baker
Page Count: 
9 pages
Published: 
April, 2016
Practice Areas: 
Dispute Resolution & Litigation,
ADR,
Mediation,
Mediators,
Mandatory Rules
Author Detail: 

Paul M. Lurie is a Partner in the Construction Law Group at Schiff Hardin LLP in Chicago. He is an active Arbitrator and Mediator. He is on the Large Complex Panel of the American Arbitration Association (AAA) and on their Master Mediator Panel. He is also on the Construction Panel of Distinguished Neutrals of the CPR Institute.  He is a Member of the AAA’s National Construction Dispute Resolution Committee. Mr. Lurie holds a B.A. from the University of Michigan and a J.D. from the University of Michigan Law School. He is a certified Mediator by the International Mediation Institute and a Fellow of the International Academy of Mediators and the College of Commercial Arbitrators. 
Jeremy S. Baker is a Partner in the Construction Law Group at Schiff Hardin LLP in Chicago. Mr. Baker holds a B.A. from the University of California Santa Barbara and a J.D. from the Tulane University School of Law.

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Description: 

Originally from:

 
ETHICS AND MEDIATION: MANAGING CONFLICTS OF INTEREST AND USE OF ADVANCED WAIVERS OF CONFLICTS

Paul M. Lurie and Jeremy S. Baker

I. Introduction
“Conflicts” concern attorneys who mediate and the firms that employ them. Attorneys worry that their mediation work might cause their firms to be “conflicted out” of some future representations. Fear of conflicts may lead law firms to exclude attorneys who mediate from their ranks, which would have a deleterious effect on the practice of mediation by attorneys. This chapter discusses this issue and suggests a practical approach to managing potential conflicts arising from mediation under current ethical rules.
II. Model Rules of Professional Conduct
Attorneys must comply with the applicable ethical rules governing conflicts of interest, which are generally variations of the American Bar Association Model Rules of Professional Conduct (“Model Rules”) adopted by states to govern the practice of law within their borders.  Rule 1.6 (Confidential Information), Rule 1.7 (Conflicts of Interest), Rule 1.9 (Duties to Former Clients) and Rule 1.10 (Imputation of Conflicts of Interest to Firms) are designed to promote client loyalty on the part of all lawyers in a law firm and to protect confidential client information. Lawyers can be disqualified from representing clients under Rule 1.7 or 1.9 for reasons including, but not limited to, the acquisition of other clients’ confidential information.