Class lecture presentation slides for my Professional Responsibility (legal ethics) course at South Texas College of Law - Houston. This presentation focuses on ABA Model Rule 1.12, which addresses the conflicts of interest that may arise when a former judge, arbitrator, mediator, or other third-party neutral returns to practicing law and representing clients. You can get the official text of Rule 1.12 (free - no paywall), and the ABA's accompanying explanatory Comment, here: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_12_former_judge_arbitrator_mediator_or_other_third_party_neutral/ This rule is also tested on the Multistate Professional Responsibility Exam (MPRE). I will post a video about this on my YouTube channel, www.youtube.com/@professorstevenson. The course unit or module is Conflicts of Interest.

1. Former
Judge or
Arbitrator
Model Rule 1.12
Conflicts of Interest
© 2023 Dru Stevenson

2. Rule 1.12(a) – Former Judge
(a) Except as stated in paragraph (d), a
lawyer shall not represent anyone in
connection with a matter in which the
lawyer participated personally and
substantially as a judge or other
adjudicative officer or law clerk to such a
person or as an arbitrator, mediator or
other third-party neutral, UNLESS all
parties to the proceeding give informed
consent, confirmed in writing.

3. Rule 1.12(b) – Job Hunting
(b) A lawyer shall not negotiate
for employment with any person
who is involved as a party or as
lawyer for a party in a matter in
which the lawyer is participating
personally and substantially as a
judge or other adjudicative
officer or as an arbitrator,
mediator or other third-party
neutral.

4. Rule 1.12(b) – Law Clerks
(b) …A lawyer serving as a law
clerk to a judge or other
adjudicative officer may negotiate
for employment with a party or
lawyer involved in a matter in
which the clerk is participating
personally and substantially, BUT
only after the lawyer has notified
the judge or other adjudicative
officer.

5. Rule 1.12(c)
Imputation
(c) If a lawyer is
disqualified by paragraph
(a), no lawyer in a firm
with which that lawyer is
associated may knowingly
undertake or continue
representation in the
matter unless…

6. Rule 1.12(c)(1)
Screening
[Firm disqualified unless]
1) the disqualified lawyer
is timely screened from
any participation in the
matter and is apportioned
no part of the fee
therefrom; AND…

7. Rule 1.12(c)(2)
Notice of
Screening
[entire firm will be
disqualified unless]
2) written notice is
promptly given to the
parties and any
appropriate tribunal.

8. Rule 1.12(d)
Arbitration Panel
(d) An arbitrator selected
as a partisan of a party in a
multimember arbitration
panel is not prohibited
from subsequently
representing that party.

9. Comment 1 - Definitions
• The term “personally and
substantially” signifies that a
judge who was a member of a
multimember court, and
thereafter left judicial office to
practice law, is not prohibited
from representing a client in a
matter pending in the court,
but in which the former judge
did not participate.

10. Defining “Adjudicative
Officer”
• The term “adjudicative
officer” includes judges
pro tempore, referees,
special masters, hearing
officers & other
parajudicial officers
• Also: lawyers who serve
as part-time judges.

11. Former
Administrative Judge
• A former judge may
serve as a lawyer in a
matter where the judge
had previously exercised
remote or incidental
administrative
responsibility that did
not affect the merits.

12. Other Codes May
Also Apply
•Comment 2: Other law
or ethics codes for
arbitrators, mediators,
etc. may impose more
stringent standards of
personal or imputed
disqualification.

13. Review Question
•A magistrate judge reaches the end of
her term on the bench and returns to
private law practice. She needs new
clients, so when one of the pro se
litigants who appeared before her when
she was a magistrate contacts her
seeking representation for the ongoing
litigation in the matter, she immediately
agrees to provide representation. Is this
proper, under Rule 1.12?
A. Yes
B. No
© 2023 Dru Stevenson

14. © 2023 Dru Stevenson