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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Alabama Legal Ethics

1.12 Rule 1.12 Former Judge or Arbitrator

1.12:100 Comparative Analysis of Alabama Rule

  • Primary Alabama References: AL Rule 1.12
  • Background References: ABA Model Rule 1.12, Other Jurisdictions
  • Commentary:
  • Alabama Commentary:

1.12:101   Model Rule Comparison

There are no differences between ARPC 1.12 and MRPC 1.12.

1.12:102   Model Code Comparison

Inapplicable.

1.12:200 Former Judge or Arbitrator Representing Client in Same Matter

  • Primary Alabama References: AL Rule 1.12(a)
  • Background References: ABA Model Rule 1.12(a), Other Jurisdictions
  • Commentary: ABA/BNA § 91.4501
  • Alabama Commentary:

The Alabama rule parallels the model rule and prevents a lawyer, absent consent from all parties after consultation, from representing any person "in connection with a matter which the lawyer participated personally and substantially as a judge or other adjudicative officer, arbitrator or law clerk to such a person. Adjudicative officer includes such officials as judges, referees, special masters, hearing officers and also lawyers who serve as part-time judges. In opinion RO-91-18, the General Counsel opined that the applicable standard for ARPC Rule 1.12 is "substantial responsibility" by the lawyer in his previous capacity as a judge, and some action by that judge upon the merits of said litigation." The term personally and substantially serves two purposes. First, it allows judges who leave multi-member courts to enter private practice to represent clients in matters pending before that court if the former judge did not participate in the matter in question. Second, it allows a former judge to represent a private client in a matter in which the former judge previously exercised remote or incidental administrative responsibility that did not effect the merits

1.12:300 Negotiating for Future Employment

  • Primary Alabama References: AL Rule 1.12(b)
  • Background References: ABA Model Rule 1.12(b), Other Jurisdictions
  • Commentary: ABA/BNA § 91:4001, ALI-LGL § 125, Wolfram § 8.10
  • Alabama Commentary:

ARPC Rule 1.12(b) prevents a judge from negotiating for employment with a party or an attorney for a party in a matter in which the judge is participating personally and substantially. However, law clerks, other adjudicative officers and arbitrators may, after notifying the judge, negotiate for employment with a party or attorney for a party in a manner in which they are substantially involved.

1.12:400 Screening to Prevent Imputed Disqualification

  • Primary Alabama References: AL Rule 1.12(c)
  • Background References: ABA Model Rule 1.12(c), Other Jurisdictions
  • Commentary: ABA/BNA § 91:4501, ALI-LGL §§ 123, 124, Wolfram § 7.6.4
  • Alabama Commentary:

ARPC Rule 1.12(c) screening and waiver of positions are nearly identical to the screening and waiver positions in ARPC Rule 1.11. The only difference lies in paragraph (c)(2) which requires that written notice be given to the appropriate tribunal to allow it to ascertain compliance with Rule 1.12.

1.12:500 Partisan Arbitrators Selected by Parties to Dispute

  • Primary Alabama References: AL Rule 1.12(d)
  • Background References: ABA Model Rule 1.12(d), Other Jurisdictions
  • Commentary: ABA/BNA § 51:1501
  • Alabama Commentary:

An arbitrator selected as a partisan of a party in a multi-member arbitration panel may subsequently represent that party.