College of Law Faculty Scholarship

Source Publication (e.g., journal title)

Harvard Negotiation Law Review

Document Type

Article

Publication Date

January 2016

Abstract

A number of regulatory bodies impose a mandatory duty on lawyers to notify their clients of alternative forms of dispute resolution in connection with any engagement involving a conflict, potential lawsuit, or lawsuit. The propriety of such a requirement is subject to an on-going, and increasingly predictable, debate focused upon the scope of the duty and any exemptions therefrom and upon its intrusiveness vis-à-vis lawyer autonomy. This article reviews the relevant ethical rules and the debate inspired thereby; considers the gender-related themes present and, more importantly, absent in this debate; and raises questions about the possible pragmatic and policy-related impacts and relevance of these themes.

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