Publication Date
Spring 1999
Journal
Clinical Law Review
Abstract
In Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems? [5 CLIN. L. REV. 47 (1998)], Jonathan Hyman argues that lawyers can mediate their clients' problems or transform themselves from a client's legal counselor and advocate to a neutral mediator. Professor Hyman points out that such a transformation can occur if (1) both clients give their informed consent; and (2) the lawyerturned-mediator does not offer evaluations of the case or subsequently represent either party. While Professor Hyman himself is quick to point out the many problems with this thesis, he nonetheless propounds it. I would argue that a partisan lawyer, as a matter of professional ethics, should not jump the great divide and attempt to become a neutral mediator in a matter where he or she has also served as an advocate.
Volume
5
Issue
2
First Page
641
Last Page
642
Publisher
Association of American Law Schools (AALS), the Clinical Legal Education Association (CLEA), and New York University School of Law
Keywords
Divorce, Marriage and Couples, Ethics, Dispute Resolution, Professional Ethics in Law
Disciplines
Dispute Resolution and Arbitration | Law | Legal Ethics and Professional Responsibility
Recommended Citation
Lela P. Love,
Letters to the Editor,
5
Clinical L. Rev.
641
(1999).
https://larc.cardozo.yu.edu/faculty-articles/1110
Included in
Dispute Resolution and Arbitration Commons, Legal Ethics and Professional Responsibility Commons
Comments
Letters to the Editor