| ADReport |
Alternative
Dispute Resolution Section Newsletter |
| Volume Three,
Number One |
Bob Park, Chair
Jonathan S. Rosenthal, Editor
Elizabeth Yarema, Co-Editor |
Ethics Challenge: What Would
You Do?
Ethical issues are always
popping up in mediation settings. The newsletter is a good way to begin a
discussion about some of those ethical issues. The following is a completely
fictitious scenario. All names were created and bear no relation to any
individual or law firm.
You are an attorney, but in
this case you are acting as the mediator in a contract case sent to you by the
Circuit Court of Anne George’s County, Maryland. Both parties are represented
by counsel. The parties are Bob Lawyerton,
who is a former partner at the law firm of Jones, Smith & Generic, P.A. The law
firm is the other party in the case.
Mr. Lawyerton has sued his
former partners over what he believes is the fair value of his compensation for
leaving the firm.
During a caucus with the
managing partner of the firm, Jane Incharge, and their counsel, you are told
that Mr. Lawyerton may have some ethical issues that have to be resolved, and
then Ms. Incharge goes into some detail in explaining this point to you.
Maryland Rule of
Professional Conduct 8.3 says: “ A lawyer having knowledge that another lawyer
has committed a violation of the Rules of Professional Conduct that raises a
substantial question as to that lawyer’s honesty, trustworthiness or fitness as
a lawyer in other respects, shall inform the appropriate professional
authority.”
Are you obligated to report
the ethical violation committed by Mr. Lawyerton? Are you obligated to report
the law firm if they have not yet reported Mr. Lawyerton? Does your position as
a mediator, and Maryland Rule 17-109, permit you to maintain the confidentiality
of the mediation and/or the caucus?
If you dare, submit your
response to jonathan.rosenthal@courts.state.md.us. If you have an ethical
issue you would like to see set forth in the next issue, please submit it to the
same e-mail address. Your name will NOT be included in the next issue without
your expressed permission.
