Multistate Professional Responsibility Exam Practice Question
An attorney served as a mediator in a dispute between two siblings over a family business. That matter ended with a settlement. One sibling later asked the attorney to represent that sibling in a new lawsuit against the other sibling involving a similar issue. Which approach is most appropriate?
Proceed with representation based on the new client’s exclusive consent
Start representing the sibling after announcing that the attorney previously served as mediator
Accept the representation if the attorney cannot recall specific details from the mediation
Decline the representation unless each participant from the prior dispute gives permission in writing
Under ethical rules, a lawyer who acted as a mediator may not represent a party in a similar or related matter unless all parties to the prior proceeding give their informed permission. Confidential information might have been shared in mediation, and the lawyer’s duty to remain impartial in that process can be compromised in subsequent representation. The answer that requires consent from all mediation parties before the lawyer can represent one sibling best aligns with these requirements. Other answers fail to address that each person in the original matter must give clear, written approvals, or they allow representation under narrower conditions that do not satisfy professional conduct standards.
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Why is informed consent necessary when a mediator wants to represent one party in a dispute?
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