Thank you for sharing!

Your article was successfully shared with the contacts you provided.

arbitration mediationThe canon of ethics states that an attorney should represent his or her client zealously. How does zealous representation resonate in the mediation process?

Zealousness in litigation is often viewed by attorneys as not showing their hand and protecting material damaging to their clients. In addition, it is not uncommon to express opinions (as opposed to facts) to both the opposing counsel and the tribunal in a blustery fashion (puffing). However, zealous representation includes observation of Rule 1.4 of the Model Rules, which requires the lawyer to explain to the client, regarding the matter under consideration, options so the client may make an informed decision. Clearly this includes facts and law harmful to the case and should never, as Jerome Frank warns, predict an outcome. (EC7-5 states that the client’s interests are furthered by a discussion of the likelihood of success. Likelihood of success means probability.)

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


New York Business LitigationBook

New York Business Litigation, edited by David R. Marriott, brings together 15 preeminent attorneys as chapter authors in this New York title published by the New York Law...

Get More Information

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.