ER 2.4 Lawyer Serving as Third-Party Neutral
The Standard
A lawyer serves as third-party neutral when assisting two or more parties, who are not clients of the lawyer, to reach a resolution of a matter. A third-party neutral can act as a mediator, an arbitrator, or in another capacity. The Rules of Professional Conduct apply to lawyers serving as third-party neutrals, but their conduct also can be governed by court rules, statutes, and other professional codes and guidelines. ER 1.12 addresses conflicts of interest relating to third-party neutrals.
The Limitation
When acting as a third-party neutral, a lawyer must explain to unrepresented parties that the lawyer does not represent any party. The lawyer should also explain the difference between third-party neutrals and legal representatives, including that the attorney-client privilege does not attach to any communication a party has with the third-party neutral.
FAQs
Best Practices
- Preamble
- Client-Lawyer Relationship
- Counselor
- Advocate
- Law Firms and Associations
- Information about Legal Services
- Maintaining the Integrity of the Profession
- ER 1.1 Competence
- ER 1.2 Scope of Representation
- ER 1.3 Diligence
- ER 1.4 Communication
- ER 1.5 Fees
- ER 1.6 Confidentiality of Information
- ERs 1.7 & 1.10 Conflicts of Interest and Screening Tips
- ER 1.8 Conflict of Interest: Current Clients: Specific Rules
- ER 1.9 Duties to Former Clients
- ER 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
- ER 1.13 Organization as Client
- ER 1.14 Client with Diminished Capacity
- ER 1.15 Safekeeping Property
- ER 1.16 Declining or Terminating Representation
- ER 1.18 Duties to Prospective Clients
- ER 2.4 Lawyer Serving as Third-Party Neutral
- ER 3.1 Meritorious Claims and Contentions
- ER 3.3 Candor Toward the Tribunal
- ER 3.6 Trial Publicity
- ER 5.1 Responsibilities of Lawyers Who Have Ownership Interests or are Managers or Supervisors; ER 5.2 Responsibilities of a Subordinate Lawyer; and ER 5.3 Responsibilities Regarding Nonlawyers
- ER 7.1 Communications Concerning a Lawyer's Services and ER 7.3 Solicitation of New Clients
- ER 8.3 Reporting Professional Misconduct