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Other third party neutral or or as a judge

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other third-party neutral, or or as a judge, adjudicative officer, or law clerk.*That disqualification isimputed to the disqualified lawyer'sfirmunless:thelawyeristimelyscreenedfromthematter andreceivesno partofthefeeand
prompt written noticeof the representation is given tothe parties and the appropriatetribunaltoallow them to determine if the rules of professional conduct have been met.Here, the attorney who had served as a mediator was timely screened from the representation ofthe mother, and the partner gave the father and the court prompt written notice that she wasrepresenting the mother. As a result, the attorney's disqualification was not imputed to the firm(Choice B). This means that the partner'srepresentation of the mother is proper.*Thelawyermayavoiddisqualificationonlyifallpartiesgivetheirwritten,informedconsent(notseenhere).(Choice A)The father did not need to give written consent for the partner to represent themother because the attorney's conflict was not imputed to the firm. But had the conflict beenimputed, then the partner would have needed thefather'swritten consent to waive (56163) theconflict.(Choice D)The attorney who had acted as a mediator properly informed the parents about thedifference between a mediator and a lawyer. But this is irrelevant to whether thepartner'srepresentation of the mother is proper.Educationalobjective:A lawyer generally cannot represent a person in connection with a matter in which the lawyerparticipated personally and substantially as a mediator. Such a conflict is imputed to thelawyer'sfirm unless (1) the lawyer is timely screened and receives no part of the fee and (2) promptwritten notice is given to the parties and the court.SubjectOutline:ProfessionalResponsibilityChapter:ConflictsOfInterestSection:Conflicts Based On Lawyer’s Service As Arbitrator, Mediator, Or JudgeQuestion26QuestionText:An attorney was appointed to represent a criminal defendant. Prior to trial, thedefendant'sgirlfriend called the attorney without thedefendant'sknowledge. The girlfriend told him that shehad found evidence of the crime at her house and believed the defendant had hidden it there. Thedefendant'sgirlfriend asked the attorney whether she should tell the police about the evidence. Theattorney, unsure of how to proceed, told thedefendant'sgirlfriend that he would call her back. Theattorney called his former law school ethics professor, who agreed to provide confidential legaladvice as to the attorney's professional responsibility obligations. The attorney then told theprofessor about his discussion with thedefendant'sgirlfriend and asked the professor for advice.The attorney did not mention the call to the professor to the defendant.Was the attorney's action in revealing the discussion with thedefendant'sgirlfriend proper?

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Term
Fall
Professor
Evans,W
Tags
Lawyer, attorney, manufacturer s attorney

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