Different Roles of the Lawyer · 4-10% of the exam

Night-before checklist

Chapter 18 · 7 items

• Rule 2.1: candid advice and independent professional judgment are required; broader counseling on moral, economic, social, or political factors is optional.

• Rule 2.3's gates are sequential: a reasonable compatibility belief does not replace informed consent where the lawyer knows or reasonably should know the evaluation is likely to affect the client's interests materially and adversely.

• Rule 4.1: puffery ordinarily protects price and value estimates, settlement intentions, and the existence of an undisclosed principal unless nondisclosure is fraud; specific factual claims the lawyer knows are false violate it even in negotiation.

• Rule 2.4: always inform unrepresented parties that no attorney-client relationship exists, and explain the neutral role whenever the lawyer knows or reasonably should know a party does not understand it.

• Rule 1.12: obtain all-party informed consent confirmed in writing before any former neutral represents anyone in the matter.

• Screening (timely screen, no fee, prompt written notice) cures the firm's imputed conflict but never cures the former neutral's personal disqualification.

• The partisan arbitrator exception applies only to a party's partisan on a multimember arbitration panel from the outset — not to a sole arbitrator, nor a neutral who appears to favor one side mid-proceeding.

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