When a lawyer serves as third-party neutral and a party does not understand the lawyer's role, what must the lawyer do?

When a lawyer serves as third-party neutral and a party does not understand the lawyer's role, what must the lawyer do?

• A. Explain the difference between the lawyer's role as a third-party neutral and representing a client.
• B. Advise the party to hire independent counsel.
• C. Withdraw from the matter immediately.
• D. Inform the other party that the lawyer's role is confidential.

Answer: (A)

When a lawyer acts as a third-party neutral, the critical obligation is to make sure the party understands the lawyer’s actual role and how it differs from counsel for a client. The lawyer should clearly explain that in the neutral capacity they are not representing either side, their job is to facilitate the process, and they do not advocate for one party over the other. This helps the party grasp what the lawyer can and cannot do, what kind of advice (if any) might be offered in this setting, and how confidentiality and potential conflicts apply. If a party doesn’t understand the role, explaining this distinction supports informed consent and helps the party decide how to proceed, including whether to seek independent counsel. Simply telling the party to hire separate counsel isn’t the core requirement, and withdrawing or focusing only on confidentiality would miss the essential point that the neutral status must be clearly understood.

When a lawyer acts as a third-party neutral, the critical obligation is to make sure the party understands the lawyer’s actual role and how it differs from counsel for a client. The lawyer should clearly explain that in the neutral capacity they are not representing either side, their job is to facilitate the process, and they do not advocate for one party over the other. This helps the party grasp what the lawyer can and cannot do, what kind of advice (if any) might be offered in this setting, and how confidentiality and potential conflicts apply.

If a party doesn’t understand the role, explaining this distinction supports informed consent and helps the party decide how to proceed, including whether to seek independent counsel. Simply telling the party to hire separate counsel isn’t the core requirement, and withdrawing or focusing only on confidentiality would miss the essential point that the neutral status must be clearly understood.