Lawyers Representing Clients at Mediations Should Be Mindful of Their Ethical Obligations

Although mediations are private, informal proceedings, observing the Rules of Professional Conduct governing lawyers is no less obligatory than at a hearing or trial. Lawyers representing clients at mediations should be mindful of duties imposed by applicable rules, especially those in Chapter 4, which include: to avoid impermissible conflicts of interest; to provide competent representation with required knowledge, skill, thoroughness, and preparation; to explain a matter to the extent necessary for the client to make informed decisions; to abide by the client’s decision whether or not to settle; and to maintain confidentiality.


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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute