Abstract
In Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems? [5 CLIN. L. REV. 47 (1998)], Jonathan Hyman argues that lawyers can mediate their clients' problems or transform themselves from a client's legal counselor and advocate to a neutral mediator. Professor Hyman points out that such a transformation can occur if (1) both clients give their informed consent; and (2) the lawyer-turned-mediator does not offer evaluations of the case or subsequently represent either party. While Professor Hyman himself is quick to point out the many problems with this thesis, he nonetheless propounds it. I would argue that a partisan lawyer, as a matter of professional ethics, should not jump the great divide and attempt to become a neutral mediator in a matter where he or she has also served as an advocate.
Publication Title
Clinical Law Review
Volume
5
Issue
2
First Page
641
Recommended Citation
Lela P. Love,
Letters to the Editor,
5
Clinical L. Rev
641
(1999).
Available at:
https://gretchen.law.nyu.edu/clr/vol5/iss2/12