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Crucial Exams

Multistate Professional Responsibility Exam Practice Question

A lawyer served as the mediator in a contract dispute between two manufacturers. The mediation ended in a written settlement. Several weeks later, one manufacturer asks the lawyer to represent it in litigation against the other manufacturer to enforce the settlement. The opposing manufacturer is willing to consent to the lawyer's representation, provided the consent is memorialized in writing. Under the ABA Model Rules of Professional Conduct, may the lawyer undertake the representation?

  • Yes. With informed consent from both manufacturers, confirmed in writing, Rule 1.12 permits the lawyer to represent the party in this dispute.

  • Yes, because the mediation is over and a neutral's duties end once the proceeding concludes; no consent is necessary.

  • No, unless the lawyer's firm screens the lawyer from the matter and the firm, rather than the lawyer, handles the case.

  • No. A lawyer who served as a mediator can never later advocate for either party in the same dispute, even with consent.

Multistate Professional Responsibility Exam
Different roles of the lawyer
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