Multistate Professional Responsibility Examination (MPRE)Different Roles of a LawyerMedium
Two former business partners, without legal representation, are engaged in a dispute over the division of assets after their partnership dissolved. They mutually agree to engage a lawyer to help them resolve their disagreement, with the understanding that the lawyer will not represent either of them individually, but will instead facilitate communication and assist them in reaching a voluntary settlement. What is the lawyer primarily acting as in this situation?
- AAn evaluator
- BA third-party neutral
- CAn intermediary
- DAn advocate
Show answer & explanationAnswer & explanation
Correct answer: B. A third-party neutral
The lawyer is acting as a third-party neutral because they are assisting unrepresented parties in resolving a dispute, without representing either party individually. This role is distinct from an intermediary, where the lawyer represents multiple clients.
Why the other options are wrong
- A. The lawyer is facilitating dispute resolution, not providing an assessment for a third party.
- C. An intermediary represents multiple clients; here, the lawyer represents neither.
- D. The lawyer is not representing either party zealously against the other.
Lawyer as Third-Party Neutral
A lawyer acts as a third-party neutral when assisting two or more unrepresented parties who are not clients in resolving a dispute or reaching an agreement.
- Does not represent any party.
- Must explain their role and ensure parties understand they are not clients.
- Examples include mediators, arbitrators, or facilitators.
Memory trick: Neutral ground, a helping hand, where parties meet and understand.