Rules of Professional Conduct Related Ethical Opinions

1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

88-04: Avoiding Appearance of Impropriety

Ethical propriety of an administrative law judge giving advice or consultations in a continuing action in a multi-jurisdictional case in which he previously presided over in another jurisdiction.

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89-01: Former Judge; Solicitation of Employment

An attorney employed as a hearing officer by a state agency may not negotiate for employment with law firms that have matters pending before her; attorney is advised to identify those firms with whom attorney will negotiate for employment, then disqualify herself from all matters currently or prospectively before her in which any client of the firm(s) has an interest or is a party, and refrain from viewing documents, being present during discussions or take part in any aspect of the decision in those matters.

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16-01: Of Counsel; Fee Splitting

“Of counsel” relationships are typically defined by the close, personal, continuous, and regular nature of the relationship. When a close, personal, continuous, and regular relationship exists between an “of counsel” lawyer and a firm, the “of counsel” will be considered a member of the same firm for purposes of Ethical Rule (ER) 1.5(e), governing fee splitting among lawyers, as well as for conflicts purposes. Opinion 86-03 is accordingly withdrawn.

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