The first is that the lawyers representing the parties are subject to the strictures of the professional ethics codes. So, too, is the lawyer-party, which can have significant consequences for all of the lawyers and parties involved in the case. This article approaches these issues in two general categories. The first section considers the ethical issues that arise when the lawyer has chosen to handle the matter pro se. The second section addresses issues that affect the relationships between the lawyer-client and other lawyers.
Many lawyers now offer services as mediators to supplement or replace a traditional law practice.
A diverse group of professionals from the areas of psychiatry, psychology, family counseling, and social work, as well as law, mediate disputes. Because those mediating do not share a common ethical background, there have been problems developing a comprehensive set of standards which apply to all mediators. For specific guidance, lawyers must continue to look to their state laws and local court rules. Where the general rules governing the conduct of lawyers conflict with the rules regulating the conduct of mediators, lawyer-mediators must reconcile their professional responsibilities as practicing lawyers with their ethical obligations as mediators. This article surveys selected court rules and developing case law to determine where the need for more direction for lawyers who mediate remains.