Hon. Ellen L. Koblitz, P.J.A.D. (Ret.) and Hon. Mary F. Thurber, J.S.C. (Ret.) Co-author Article in New Jersey Law Journal, “Navigating Attorney Ethical Obligations When Representing Clients in Negotiations, Mediations, and Arbitrations”

Hon. Ellen L. Koblitz, P.J.A.D. (Ret.), and Hon. Mary F. Thurber, J.S.C. (Ret.), both special counsel in the firm’s Alternative Dispute Resolution practice, co-authored an article in New Jersey Law Journal. The article, titled, “Navigating Attorney Ethical Obligations When Representing Clients in Negotiations, Mediations, and Arbitrations,” discusses how lawyers have ethical duties that apply in negotiations, mediations, and arbitrations that sometimes come into tension with one another. The article explores how attorneys must balance preserving client confidences with obligations not to mislead tribunals or others, and ensure material facts are properly disclosed even in ADR settings when required by applicable rules.

“Considering that more than 90% of all cases are settled without a trial, surprisingly little attention has been given to lawyers’ professional obligations when representing clients during negotiations, mediations, and arbitrations (collectively, ADR). Tension frequently arises between lawyers’ obligations concerning client confidentiality and zealous representation, on the one hand, and candor, truthfulness, and disclosure obligations, on the other hand,” write Koblitz and Thurber.

To read the full article in the New Jersey Law Journal, click here.