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Maryland Legal Ethics

1.12   Rule 1.12 Former Judge or Arbitrator

1.12:100   Comparative Analysis of Maryland Rule

¥ Primary Maryland References: MD Rule 1.12
¥ Background References: ABA Model Rule 1.12, Other Jurisdictions
¥ Commentary:

1.12:101      Model Rule Comparison

There are no substantive differences between Maryland Rule 1.12 and MR 1.12. The comment; MR 1.12, cmt. sections accompanying each Rule are identical.

1.12:102      Model Code Comparison

Paragraph (a) is substantially similar to DR 9-101(A), which provides that "a lawyer shall not accept employment in a matter upon the merits of which he has acted in a judicial capacity." Paragraph (a) differs, however, in that it is broader in scope and states more specifically the persons to whom it applies. There is no counterpart in the Model Code to paragraphs (b), (c), or (d).

With regard to arbitrators, EC 5-20 states that "a lawyer [who] has undertaken to act as an impartial arbitrator or mediator . . . should not thereafter represent in the dispute any of the parties involved." DR 9-101(A) does not provide a waiver of the disqualification applied to former judges by consent of the parties. However, DR 5-105(C) is similar in effect and could be construed to permit waiver.

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

¥ Primary Maryland References: MD Rule 1.12(a)
¥ Background References: ABA Model Rule 1.12(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91.4501

This section has not yet been completed.

1.12:300   Negotiating for Future Employment

¥ Primary Maryland References: MD Rule 1.12(b)
¥ Background References: ABA Model Rule 1.12(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:4001, ALI-LGL ¤ 206, Wolfram ¤ 8.10

This section has not yet been completed.

1.12:400   Screening to Prevent Imputed Disqualification

¥ Primary Maryland References: MD Rule 1.12(c)
¥ Background References: ABA Model Rule 1.12(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:4501, ALI-LGL ¤¤ 203, 204, Wolfram ¤ 7.6.4

This section has not yet been completed.

1.12:500   Partisan Arbitrators Selected by Parties to Dispute

¥ Primary Maryland References: MD Rule 1.12(d)
¥ Background References: ABA Model Rule 1.12(d), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 51:1501

This section has not yet been completed.