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Ethics and Professional Conduct in Dispute Resolution Flashcards

7 cards from real ARBITRATION practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Ethics and Professional Conduct in Dispute Resolution flashcards as text

  1. Under the 2004 AAA/ABA Code, which advertising practice by an arbitrator is improper?

    Answer: Suggesting to prospective users that they will favor a particular type of party

    Arbitrators may advertise truthfully but must not suggest they would be partial to anyone.

  2. Under Canon I of the Code, when should a person accept an appointment as arbitrator?

    Answer: Only if they are competent to serve and can be available to start and finish the case promptly

    Canon I says to accept an appointment only if you are fully satisfied you are competent and can give the case reasonable time and attention.

  3. Under the IBA Guidelines, which situation is on the Green List and generally does not need to be disclosed?

    Answer: The arbitrator previously published a general legal opinion, not focused on the case, on an issue that also arises in the arbitration

    Earlier general opinions, such as a law review article not focused on the case, are on the Green List.

  4. Under the IBA Guidelines, an arbitrator served as counsel for one of the parties two years ago on an unrelated matter. This falls on which list?

    Answer: Orange List

    Serving as counsel for a party within the past three years is an Orange List situation, so it must be disclosed, and the parties are deemed to accept it if they do not object in time.

  5. Under ABA Model Rule 1.12, when may a lawyer who served as a mediator represent a client in the same matter?

    Answer: Only if all parties to the proceeding give informed consent, confirmed in writing

    Rule 1.12(a) bars such representation when the lawyer participated personally and substantially, unless all parties give informed consent confirmed in writing.

  6. Under ABA Model Rule 2.4, a lawyer serving as a third-party neutral with an unrepresented party must:

    Answer: Inform the unrepresented party that the lawyer is not representing them

    Rule 2.4(b) requires a lawyer-neutral to tell unrepresented parties that the lawyer is not representing them, and to explain the difference if they seem confused.

  7. During a mediation, an attorney falsely tells the other side that the client's insurance policy limit is $100,000 when it is actually $1 million. Under ABA Model Rule 4.1, this is:

    Answer: A violation, because it is a false statement of material fact to a third person

    Rule 4.1 bars knowingly false statements of material fact to third persons, and the comments distinguish factual matters such as policy limits from mere estimates of value.