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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Florida Legal Ethics

1.12   Rule 1.12 Former Judge or Arbitrator

1.12:100   Comparative Analysis of Florida Rule

Primary Florida References: FL Rule 4-1.12
Background References: ABA Model Rule 1.12, Other Jurisdictions
Commentary:

1.12:101      Model Rule Comparison

The Florida rule is identical to MR 1.12.

1.12:102      Model Code Comparison

DR 9-101(A) is similar to FL Rule 4-1.12(a), although it contains no express provision for informed consent by all parties. The remainder of FL Rule 4-1.12 has no counterpart in the Model Code.

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

Primary Florida References: FL Rule 4-1.12(a)
Background References: ABA Model Rule 1.12(a), Other Jurisdictions
Commentary: ABA/BNA 91.4501

[The discussion of this topic has not yet been written.]

1.12:300   Negotiating for Future Employment

Primary Florida References: FL Rule 4-1.12(b)
Background References: ABA Model Rule 1.12(b), Other Jurisdictions
Commentary: ABA/BNA 91:4001, ALI-LGL 125, Wolfram 8.10.3

[The discussion of this topic has not yet been written.]

1.12:400   Screening to Prevent Imputed Disqualification

Primary Florida References: FL Rule 4-1.12(c)
Background References: ABA Model Rule 1.12(c), Other Jurisdictions
Commentary: ABA/BNA 91:4503, Wolfram 7.6.4

In Schultz v. Schultz, 783 So. 2d 329 (Fla. 2001), the appellate court held that the trial court erred when it disqualified counsel for the wife because a partner in his firm had been appointed as an arbitrator in an unrelated matter. The court stated that Rule 4-1.12 did not apply because the matter was unrelated, but that even if the rule did apply, disqualification was not required because the arbitrator was screened from the divorce proceeding and had resigned from the arbitration.

1.12:500   Partisan Arbitrators Selected by Parties to Dispute

Primary Florida References: FL Rule 4-1.12(d)
Background References: ABA Model Rule 1.12(d), Other Jurisdictions
Commentary:

[The discussion of this topic has not yet been written.]