1990 Illinois Rules of Professional Conduct

RULE 1.12      Former Judge, or Arbitrator, Mediator or Other Third-Party Neutral  [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by strikethrough; additions to the 1990 Rule are shown in red]

(a)    Except as provided stated in paragraph Rule 1.12(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 or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent after disclosure.

(b)    A lawyer shall not negotiate for employment with any person who is involved as a party or as a lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge, other adjudicative officer, or other adjudicative officer or as an arbitrator, mediator or other third-party neutral.  A lawyer serving as a law clerk to a judge, or other adjudicative officer, or arbitrator may negotiate for employment with a party or a lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge, or other adjudicative officer, or arbitrator.

(c)    If a lawyer is disqualified by paragraph Rule 1.12(a), a lawyer in the a firm with which that lawyer is associated may knowingly who knows or reasonably should know of that disqualification shall not undertake or continue representation in the matter unless:

(1)   the disqualified lawyer is timely screened from any participation in the matter and is apportioned no specific share part of the fee therefrom; and

(2)   written notice is promptly given to the parties and any appropriate tribunal to enable it them to ascertain compliance with the provisions of this Rule 1.12.

(d)    An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party.

Adopted February 8, 1990; effective August 1, 1990.