4 in the FRPC helps clarify the role of the lawyer-mediator.
While not expressly set forth in the FRPC, lawyer-mediators may have neutrality and disclosure obligations imposed by various mediator ethics codes and standards, and the comment to FRPC 4-2.
4, it would appear likely that failure to comply with disclosure standards in the Florida Rules for Certified and Court-appointed Mediators would also constitute an ethical violation under FRPC 4-2.
While a lawyer's primary obligation of confidentiality runs to the client and is covered by FRPC 4-1.
Because there is no attorney-client relationship between the lawyer-mediator and the parties, however, there may not be a direct ethical violation under the FRPC.
I believe that this requirement for a registered representative is in line with FRPC
Marketing of refined products by SSPC commenced before the FRPC
project was completed, and by year-end 2010, SSPC was marketing up to 110,000 bpd of gasoline and diesel in the Fujian market -- a 72 per cent market share in region that is home to 36 million people -- through its network of 777 retail stations and 14 product terminals.
In support of this position, the opinion then cites the portion of the comment to FRPC 4.
42) Advisory Opinion 95-4 concluded that this situation does not involve a conflict of interest under FRPC 4-1.
45) When a conflict of interest is presented, a joint representation may proceed only if both clients consent after consultation in which the lawyer (as required by FRPC 4-1.
Regardless of whether a conflict of interest might exist, Proposed Advisory Opinion 95-4 concluded that FRPC Rule 4-1.
5) Prior to Advisory Opinion 95-4, estate planning attorneys had little guidance in Florida beyond the following very limited analysis contained in FRPC 4-1.