Multistate Professional Responsibility Exam Practice Question
Amanda, a licensed attorney, is serving as a neutral for a construction dispute. One party requests detailed advice on how to strengthen its court arguments against the other, and Amanda provides specific strategic steps. The second party objects that she is no longer acting impartially. Which choice reflects proper professional conduct?
She shares strategic techniques in a joint session with both parties present to hear the advice
She should provide strategy steps to the other party
She provides legal guidance to a party while maintaining her role as a neutral, as there is no attorney-client relationship
As a neutral, Amanda should refrain from providing litigation strategies for a party and clarify that she is not acting as legal counsel
Neutrals such as mediators or arbitrators maintain fairness by not giving strategic litigation advice to a party. A neutral's role involves clarifying that there is no attorney-client relationship and avoiding guidance that benefits one side. Providing strategies, whether in a joint session or by denying an attorney-client relationship, does not remove the duty of impartiality.
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Multistate Professional Responsibility Exam
Different roles of the lawyer
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