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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.

Pennsylvania Legal Ethics

1.12   Rule 1.12 Former Judge or Arbitrator

1.12:100   Comparative Analysis of Pennsylvania Rule

Primary Pennsylvania References: PA Rule 1.12
Background References: ABA Model Rule 1.12, Other Jurisdictions

1.12:101      Model Rule Comparison

All sections of PA-R 1.12 are substantially identical to the corresponding sections of MR 1.12.

1.12:102      Model Code Comparison

PA-R 1.12(a) is substantially similar to DR 9-101(A). PA-R 1.12(a), however, is more specific in that it applies to a lawyer who has acted as "a judge or other adjudicative officer, arbitrator or law clerk" while DR 9-101(A) refers to lawyers who acted in a "judicial capacity." EC 5-20 applies to lawyers who have acted as arbitrators. PA-R 1.12(b), (c) and (d) have no counterparts in the Code.

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

Primary Pennsylvania References: PA Rule 1.12(a)
Background References: ABA Model Rule 1.12(a), Other Jurisdictions
Commentary: ABA/BNA 91.4501

1.12:300   Negotiating for Future Employment

Primary Pennsylvania References: PA 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

1.12:400   Screening to Prevent Imputed Disqualification

Primary Pennsylvania References: PA 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

1.12:500   Partisan Arbitrators Selected by Parties to Dispute

Primary Pennsylvania References: PA Rule 1.12(d)
Background References: ABA Model Rule 1.12(d), Other Jurisdictions
Commentary: ABA/BNA 51:1501