Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-party Neutral
Client-lawyer Relationship
Rule Text
(a) Except as stated in paragraph (d) and Rule 2.4(b), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.
(b) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer or LP for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A lawyer serving as a law clerk or staff lawyer to or otherwise assisting in the official duties of a judge or other adjudicative officer may negotiate for employment with a party, lawyer, or LP involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer.
(c) If a lawyer or LP is disqualified by paragraph (a) or the equivalent LP Rule, no lawyer in a firm with which that lawyer or LP is associated may knowingly undertake or continue representation in the matter unless: (1) the disqualified lawyer or LP is timely screened from any participation in the matter substantially in accordance with the procedures set forth in Rule 1.10(c) or the equivalent LP Rule; and (2) written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule.
(d) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party.
Amendment history: Adopted 01/01/05. Amended 01/01/14: References in paragraph (a) reversed. Amended 01/01/26: Paragraphs (b), (c) and (c)(1) amended to add references to LPs.