What Sally Soprano Teaches Lawyers About Hitting the Right Ethical Note in ADR Advocacy

Abstract

(Excerpt) Paradoxically, when lawyers opt to mediate or arbitrate, lawyers may still wind up selecting, shaping and advocating in these dispute resolution processes to resemble the very litigation process they have sought to avoid. After all, litigation likely comports with the lawyer’s own conflict style, comfort level and concepts of justice. As a consequence of this litigation bias, we see that the metaphorical doors of a multi-door courthouse that once offered a menu of dispute resolution choices are increasingly leading us back to one choice: a variation of the litigation door. Even though the Model Rules of Professional Conduct confirm that a lawyer’s litigation preference may be within ethical parameters, this practice may, at times, directly contravene his client’s interests. Let me explain

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