ER 2.4 Lawyer Serving as Third-Party Neutral
V. Regulation of the Practice of Law | D. Lawyer Obligations | Rule 42. Arizona Rules of Professional Conduct | Counselor
Rule Text
(a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.
(b) A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should know that a party does not understand the lawyer's role in the matter, the lawyer shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client.
(c) A lawyer serving as a third-party neutral may choose to hold advance fees related to service as a third-party neutral in the lawyer's client trust account in compliance with ER 1.15 and Rule 43.
Amendment history: Added June 9, 2003, effective Dec. 1, 2003. Amended Aug. 24, 2023, effective Jan. 1, 2024.