Legal Opinions & Ethics

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Associate Professor, St. Thomas University College of Law

Keith R. Fisher

Executive Editor, Legal Opinions & Ethics
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MONTH-IN-BRIEF (Oct 2025)

Ethics and Professional Responsibility

Lawyers and Third-Party Neutrals: Don’t Check Your Ethics Hat at the Door

By Keith R. Fisher

The Model Rules of Professional Conduct explicitly recognize this truism: Lawyers can wear a number of different hats. One singled out in paragraph [3] of the Preamble is that lawyers can act in a non-representational role, namely as third-party neutrals, a function that includes lawyer-arbitrators and lawyer-mediators.[1] Thus, even when a lawyer is not functioning as a counselor or as an advocate, certain rules should be borne in mind. That is the topic addressed by the recent ABA Formal Opinion No. 518 (October 15, 2025).

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