| Rule 1.12.Former Judge or Arbitrator
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Rule 1.12.Former Judge or Arbitrator
(a)Except as stated in paragraph (d), a lawyer shall not
represent anyone in connection with a matter in which the lawyer
participated personally and substantially as a judge or other
adjudicative officer, arbitrator or law clerk to such a person, unless
all parties to the proceeding consent after the disclosure.
(b)A lawyer shall not negotiate for employment with any person
who is involved as a party or as attorney for a party in a matter in
which the lawyer is participating personally and substantially as a
judge or other adjudicative officer, or arbitrator. A lawyer serving as
a law clerk to a judge, other adjudicative officer or arbitrator may
negotiate for employment with a party or attorney involved in a matter
in which the clerk is participating personally and substantially, but
only after the lawyer has notified the judge, other adjudicative officer
or arbitrator.
(c)If a lawyer is disqualified by paragraph (a), no lawyer in a
firm with which that lawyer is associated may knowingly undertake or
continue representation in the matter unless:
(1)the disqualified lawyer is 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 appropriate tribunal
to enable it to ascertain compliance with the provisions of this rule.
(d)An arbitrator selected as a partisan of a party in a
multi-member arbitration panel is not prohibited from subsequently
representing that party in other unrelated matters.
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ANNOTATIONSCOMMENT
This Rule generally parallels Rule 1.11. The term "personally and
substantially" signified that a judge who was a member of a multi-member
court, and thereafter left judicial office to practice law, is not
prohibited from representing a client in a matter pending in the court,
but in which the former judge did not participate. So also the fact
that a former judge exercised administrative responsibility in a court
does not prevent the former judge from acting as a lawyer in a matter
where the judge had previously exercised remote or incidental
administrative responsibility that did not affect the merits. Compare
the Comment to Rule 1.11. The term "adjudicative officer" includes such
officials as judges pro tempore, referees, special masters, hearing
officers and other parajudicial officers, and also lawyers who serve as
part-time judges. Compliance Canons A(2), B(2) and C of the Model Code of
Judicial Conduct provide that a part-time judge, judge pro tempore or
retired judge recalled to active service, may not "act as a lawyer in
any proceeding in which he served as a judge or in any other proceeding
related thereto." Although phrased differently from this Rule, those
rules correspond in meaning.
COMMITTEE COMMENT
The Committee recommends adoption of this Model Rule as proposed.
This Model Rule addresses specific recurring questions not so identified
in the Code.
ANNOTATION
Annotator's note.
Rule 1.12 is similar to
DR 5-105 and DR 9-101 as they
existed prior to the 1992 repeal and reenactment of the Code of
Professional Responsibility.
Relevant cases construing
DR 5-105 have been included under Rule 1.7 and cases construing DR 9-101 have
been included under Rule 1.2.
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