New: Find an ethics lawyer

Florida Legal Ethics

1.12   Rule 1.12 Former Judge or Arbitrator

1.12:100   Comparative Analysis of Florida Rule

¥ Primary Florida References: FL Rule 4-1.12
¥ Background References: ABA Model Rule 1.12, Other Jurisdictions
¥ Commentary:

1.12:101      Model Rule Comparison

The Florida rule is identical to MR 1.12.

1.12:102      Model Code Comparison

DR 9-101(A) is similar to FL Rule 4-1.12(a), although it contains no express provision for informed consent by all parties. The remainder of FL Rule 4-1.12 has no counterpart in the Model Code.

1.12:200   Former Judge or Arbitrator Representing Client in Same Matter

¥ Primary Florida References: FL Rule 4-1.12(a)
¥ Background References: ABA Model Rule 1.12(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91.4501

[The discussion of this topic has not yet been written.]

1.12:300   Negotiating for Future Employment

¥ Primary Florida References: FL Rule 4-1.12(b)
¥ Background References: ABA Model Rule 1.12(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:4001, ALI-LGL ¤ 125, Wolfram ¤ 8.10.3

[The discussion of this topic has not yet been written.]

1.12:400   Screening to Prevent Imputed Disqualification

¥ Primary Florida References: FL Rule 4-1.12(c)
¥ Background References: ABA Model Rule 1.12(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:4503, Wolfram ¤ 7.6.4

In Schultz v. Schultz, 783 So. 2d 329 (Fla. 2001), the appellate court held that the trial court erred when it disqualified counsel for the wife because a partner in his firm had been appointed as an arbitrator in an unrelated matter. The court stated that Rule 4-1.12 did not apply because the matter was unrelated, but that even if the rule did apply, disqualification was not required because the arbitrator was screened from the divorce proceeding and had resigned from the arbitration.

1.12:500   Partisan Arbitrators Selected by Parties to Dispute

¥ Primary Florida References: FL Rule 4-1.12(d)
¥ Background References: ABA Model Rule 1.12(d), Other Jurisdictions
¥ Commentary:

[The discussion of this topic has not yet been written.]