NY · rules
N.Y. R. Prof'l Conduct 1.12
Specific conflicts of interest for former judges, arbitrators, mediators or other third-party neutrals
(a) A lawyer shall not accept private employment in a matter upon the merits of which the lawyer has acted in a judicial capacity.
(b) Except as stated in paragraph (e), and unless all parties to the proceeding give informed consent, confirmed in writing, a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as:
(1) an arbitrator, mediator or other third-party neutral; or
(2) a law clerk to a judge or other adjudicative officer or an arbitrator, mediator or other third-party neutral.
(c) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral.
(d) When a lawyer is disqualified from representation under this Rule, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless:
(1) the firm acts promptly and reasonably to:
(i) notify, as appropriate, lawyers and nonlawyer personnel within the firm that the personally disqualified lawyer is prohibited from participating in the representation of the current client;
(ii) implement effective screening procedures to prevent the flow of information about the matter between the personally disqualified lawyer and the others in the firm;
(iii) ensure that the disqualified lawyer is apportioned no part of the fee therefrom; and
(iv) give written notice to the parties and any appropriate tribunal to enable it to ascertain compliance with the provisions of this Rule; and
(2) there are no other circumstances in the particular representation that create an appearance of impropriety.
(e) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party.
Provenance
- Source
- law.cornell.edu
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
995772d7e8afc36e5f37299a10cd5bedd4055f25a9652c7c95c510377f43626d
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