§ 11.112. Former judge, arbitrator, mediator or other third-party neutral.
268 words·~1 min read·
/us/cfr/t37/s§ 11.112·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as stated in paragraph
(d)of this section, a practitioner shall not represent anyone in connection with a matter in which the practitioner participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.
(b)A practitioner shall not negotiate for employment with any person who is involved as a party or as practitioner for a party in a matter in which the practitioner is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A practitioner serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a party or practitioner involved in a matter in which the clerk is participating personally and substantially, but only after the practitioner has notified the judge, or other adjudicative officer.
(c)If a practitioner is disqualified by paragraph
(a)of this section, no practitioner in a firm with which that practitioner is associated may knowingly undertake or continue representation in the matter unless:
(1)The disqualified practitioner is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(2)Written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this section.
(d)An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party.