Multistate Professional Responsibility Exam Practice Question
A lawyer mediated a contract dispute between two manufacturers. After a settlement was signed, one party approached the lawyer about handling a new venture that does not include the other party. Both parties signed a written agreement allowing the engagement. Which statement describes the lawyer’s professional obligation when deciding whether to take on the representation?
A lawyer should wait a specific period before accepting the representation, even if the parties have approved it in writing.
A lawyer can accept the representation as long as the new project does not involve privileged information from the mediation and there is written consent.
The lawyer should not represent either party due to conflict concerns.
A lawyer can accept the representation provided it is not substantially related to the mediated dispute and both parties have given written consent.
A lawyer who acted as a neutral can represent a party from a completed mediation if the new matter is not substantially related to the prior dispute and both sides have provided the necessary written approval. This arrangement respects any ongoing duties of loyalty and confidentiality. One incorrect statement creates a time requirement that is not part of the rules, and another ignores the need for both parties’ written agreement, leading to ethical concerns.
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What does it mean for a case to be 'substantially related'?
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What are the ethical implications of representing one party after mediation?
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What types of written consent are required for this situation?