The American Bar Association recently issued Ethics Opinion 518 (“A Lawyer’s
Duties to Avoid Misleading Communications When Acting as a Third-Party”), which
significantly expands upon its existing guidance on mediator and conciliator
ethics. The opinion addresses:
- A neutral’s obligations regarding truthfulness
- The distinction between providing legal advice and
legal information
- The extent to which neutrals may (or may not) discuss with the parties
what is in their “best interest” regarding settlement
The Ethics Opinion not only creates potential traps for the unwary but may
also influence the interpretation of ethical standards applicable to neutrals
who are not lawyers.
This roundtable is intended to foster discussion among
participants and to provide an opportunity to stay abreast of important ethical
duties. Participants are encouraged to read the ABA’s six-page opinion prior to
the roundtable, if possible; it can be found here.
For registration and facilitator information for all sessions, go to: www.MassBar.org/DRSeries.
This webinar is being held by Zoom. Registration for this program is
required by Monday, Dec. 15, at 11 a.m. An email from MassBar
Education will be sent before the program.