β Scribed by Duane W. Krohnke
No coin nor oath required. For personal study only.
The American Bar Association's Ethics 2000 Commission recently proposed ADR ethics rules for inclusion in the ABA's Model Rules of Professional Conduct for lawyers. One is a brand new Rule 2.X, titled "Lawyer Serving As Third-Party Neutral." The other is a revision of Rule 1.12 that is called "Former Judge, Arbitrator, Mediator or Other Third-Party Neutral." They are available at www.abanet.org/cpr/ethics2k.html.
These proposed rules need to be brought to the attention of the ADR community because they take positions on critical issues to the conduct of ADR proceedings. They also raise broader questions regarding the establishment of ethical rules and codes for such proceedings.
The proposed Rule 2.X, on lawyers serving as third-party neutrals, recognizes that a lawyer may and in fact does serve as a "third-party neutral" as an arbitrator, a mediator or in some other capacity and that this activity deserves separate recogni-are important. They state that in order to act competently as a neutral, the lawyer must have "study and training" because acting as a neutral involves "different skills and orientation" than the lawyer as client representative. Comment No. 2. Moreover, persons other than lawyers serve as neutrals, and lawyers acting as neutrals may have to comply with other ethical codes and rules in addition to the Model Rules ofProfessional Conduct. Comment No. 3.
Rule 2.X in its comments also is relevant to the lawyer acting as an advocate in an ADR -
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