Multistate Professional Responsibility Examination (MPRE)Different Roles of a LawyerEasy
A lawyer is serving as a neutral facilitator in a community dispute over proposed zoning changes. The lawyer's role is to help the residents and the city council find common ground and reach a mutually acceptable resolution, but not to represent any particular party. During a session, a resident privately approaches the lawyer and asks for legal advice on filing a lawsuit against the city. How should the lawyer respond?
- ASuggest that the resident discuss their concerns with their own legal counsel.
- BOffer to mediate the resident's potential lawsuit with the city, separate from the current dispute.
- CAdvise the resident that, as a neutral, the lawyer cannot provide legal advice to any party in the dispute.
- DProvide a brief overview of the legal process for suing the city, but decline further involvement.
Show answer & explanationAnswer & explanation
Correct answer: C. Advise the resident that, as a neutral, the lawyer cannot provide legal advice to any party in the dispute.
As a third-party neutral, a lawyer must remain impartial and cannot provide legal advice to any of the parties involved in the dispute. Providing advice, even a brief overview, would compromise the lawyer's neutrality and create an attorney-client relationship with one party, which is impermissible in this role.
Why the other options are wrong
- A. While suggesting independent counsel is generally good advice, the lawyer's immediate and primary response must be to reaffirm their neutral stance and inability to advise.
- B. Offering to mediate a lawsuit would still involve the lawyer in a specific dispute, potentially compromising perceived neutrality in the broader community issue.
- D. Providing any legal advice, however brief, violates the lawyer's neutrality.
Third-Party Neutral: Impartiality
A lawyer acting as a third-party neutral (e.g., mediator, arbitrator) must remain strictly impartial and cannot provide legal advice, represent, or advocate for any party involved in the dispute.
- No attorney-client relationship with any party.
- Must not give legal advice.
- Duty to maintain strict neutrality and avoid bias.
Memory trick: Neutrals Never Nurture New Nouns (legal advice).