Conflict Check

HOW TO CONDUCT A CONFLICT CHECK AND RELATED ETHICS ISSUES

  • All NEUTRALS are responsible for conducting conflict of interest checks to ensure that they and their law firms have no conflicts of interest with regard to the assigned matter.

  • On the Joint Party Application, RESOLVE Law San Diego has requested that the participating parties/counsel provide the names of all parties and counsel in the case, for purposes of the conflict check. It is anticipated that the participating parties/counsel will provide a caption and proof of service for this purpose.

  • The NEUTRAL shall be provided with this information, and must then run the names of the party and their counsel through the NEUTRAL’s standard conflict of interest procedure. If the NEUTRAL believes that he or she does not have enough information to conduct a conflict check, the NEUTRAL may request additional information from the counsel in the matter.

  • While the NEUTRALS are not acting as counsel for anyone in the matter, they should ensure that the NEUTRAL engagement does not conflict with any of the matters or clients in the NEUTRAL’s law office. The Rules of Professional Conduct, which may be of use to the NEUTRALS, can be found at http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Current-Rules.

  • All NEUTRALS should be cognizant of Rule of Professional Conduct rule 2.4 and rule 2.4.1, both of which discuss lawyers serving as neutrals. In particular, a lawyer who is serving as a temporary judge, referee, or court-appointed arbitrator, and is subject to Canon 6D of the California Code of Judicial Ethics, shall comply with the terms of that canon. Canon 6D can be found at https://www.courts.ca.gov/documents/ca_code_judicial_ethics.pdf. All NEUTRALS serving as a temporary judge, referee, or court-appointed arbitrator should fully acquaint themselves with this Canon.  The Canon specifically requires self disqualification in the event that the temporary judge has personal knowledge of disputed evidentiary facts concerning the proceeding, the temporary judge has served as a lawyer in the proceeding, or the temporary judge, within the last five years, has given legal advice to, or served as a lawyer for, for a party in the proceeding.

  • Any NEUTRAL who believes that he or she has a conflict, would be in violation of the Rules of Professional Conduct, or would be in violation of Canon 6D should decline the assignment.

  • If a NEUTRAL has an unresolved question about conflicts or ethics compliance related to the NEUTRAL assignment, a RESOLVE Law volunteer will provide a free limited consultation to provide authorities applicable to the situation.  Please email info@resolvelawsandiego.com or call (619) 231-7015 to arrange to be connected with the RESOLVE Law volunteer.