Specific Conflicts of Interest for Former Judges, Arbitrators, Mediators or Other Third-Party Neutrals

New York Rules of Professional Conduct (22 NYCRR Part 1200)

Rule: 1.12

Jurisdiction: NY

Bluebook Citation: NY RPC 1.12

(a) A lawyer shall not accept private employment in a matter upon the merits of which the lawyer has acted in a judicial capacity. (b) Except as stated in paragraph (e), and unless all parties to the proceeding give informed consent, confirmed in writing, a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as: (1) (2) an arbitrator, mediator or other third-party neutral; or a law clerk to a judge or other adjudicative officer or an arbitrator, mediator or other third-party neutral. (c) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer 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. (d) When a lawyer is disqualified from representation under this Rule, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the firm acts promptly and reasonably to: (i) notify, as appropriate, lawyers and nonlawyer personnel within the firm that is the personally disqualified the from participating prohibited representation of the current client; lawyer in (ii) implement effective screening procedures to prevent the flow of information about the matter between the personally disqualified lawyer and the others in the firm; (iii) ensure that the disqualified is apportioned no part of the fee therefrom; and lawyer (iv) give written notice to the parties and any appropriate tribunal to enable it to ascertain compliance with the provisions of this Rule; and (2) there are no other circumstances in the particular representation that create an appearance of impropriety. (e) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party. Organization As Client

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