8/14/2019 Model Rules Summary as they are employed in ADR.docx

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Professor Bernard ADR

Model Rules Summary for ADR

I. Client-Lawyer Relationshipa. MR 1.2Ultimate authority in the case is the clients. The lawyer shall not make

decisions about a settlement without the clients endorsement.

b. MR 1.4A lawyer shall keep the client informed about the status of her case.Any updates to her case should be promptly relayed and explained so that she

may be able to make the best decisions possible.

c. MR 1.5Reasonable fees shall be explained, charged, and properly accounted forby diligent and accurate records kept. Certain fee arrangements are prohibited and

therefore the records of fees are both for the protection of the client and the

lawyer.

d. MR 1.6The lawyer must not reveal information regarding the clients casewithout express consent of the client. Safeguarding of client information is crucial

to the client-lawyer relationship.

e. MR 1.7, 1.8, 1.9Vigilance for conflicts of interest shall be paramount in therelationship. These conflicts include, and are not limited to: personal, business,

adversity of former clients. The onus is the lawyers, not the clients.

f. MR 1.13Representing an organization encompasses some of the same duties asrepresenting an individual. Because organizations are vast, more care shall be

taken by the lawyer. This allows applies if the organization is a government

agency. E.g., D.A.s office

II.

Counselora. MR 2.1Lawyer as an advisor shall include other considerations besides the

applicable law and such advice shall be candid.

III. Advocatea. MR 3.3Candor to the courts also applies to its subsidiary functions. This is

especially important in court ordered mediation, arbitration, and negotiations. In

ADR, a careful balancing should be applied between confidentiality and candor.

IV. Transactions with Persons Other Than Clienta. MR.4.1In dealings with those other than the client, a lawyer shall be mindful of

duties to both the client and as officer of the courts. A misrepresentation can be a

partial truth as well as omission or misleading statements. Estimates of value orprice ARE NOT statements of fact in negotiations.

b. MR 4.2The lawyer shall not communicate with parties represented by counsel.Knowledge of a partys representationis that of a reasonable lawyer in similar

circumstances.

V. MR 1.0Terminology. If necessary for clarity, definitions as they apply in MR.Comments for each specific rule to clarify any possible amibiguity.