addresses the duty of arbitrators, mediators, other third-party neutrals, and
Ohio Rules of Professional Conduct
Rule: 1.12
Jurisdiction: OH
Bluebook Citation: Ohio Prof. Cond. R. 1.12
former judges to promote public confidence in our legal system and in the legal profession. DR 9-101(A) and (B) prohibit a lawyer from accepting private employment in a matter upon the merits of which the lawyer acted in a judicial capacity or the lawyer had substantial responsibility while the lawyer was a public employee. Because the same potential for misunderstanding exists with respect to lawyers acting as arbitrators or mediators, EC 5-21 recommends that lawyers be prohibited from thereafter representing in the dispute any of the parties involved in the mediation or arbitration. Rule 1.12 codifies the aspirational goal of EC 5-21, creates a standard for disqualification of a lawyer who “personally and substantially” participated in the same matter 74 while serving as a judge, mediator, arbitrator, or third party neutral, establishes an informed consent standard by which the lawyer may avoid personal disqualification, and provides a process through which the personally disqualified lawyer’s firm may avoid disqualification. Comparison to ABA Model Rules of Professional Conduct
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