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Arbitrators Utilizing Law Firm Associates

Wednesday, April 08, 2026 2:26 PM | Anonymous

Law Firm Associates: Understanding Their Expectations - Lateral Link

Should arbitrators rely on law firm associates for case management and award drafting—and what must be disclosed to the parties?

What are your thoughts? 

Comments

  • Wednesday, April 08, 2026 3:44 PM | Anonymous
    NO!!! I assume the parties hired me - not an undisclosed associate. The work I do is substantive and I don't charge for ministerial tasks.
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  • Wednesday, April 08, 2026 3:46 PM | Jill Okun
    I did not think that was permitted in light of confidentiality
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    • Wednesday, April 08, 2026 4:02 PM | Anonymous
      This relates to the practice of some arbitrators with a group of ghost writers that are not disclosed to the parties or not sufficiently disclosed. One also wonders, if for ghosts who are addressing credibility, whether their absence from the physical hearing undermines the expectations of the parties. It also relates to arbitrator development because if these arbitrators are corralling a lot of cases and managing them with this type of conduct, it could be argued that are preventing the development of newer arbitrators and may even be a barrier to more diverse opportunities. It could be argued that the use of law firm associates is new evidence of how bad it has gotten from an ethical perspective.
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    • Friday, April 10, 2026 4:31 PM | Steven Skulnik
      Confidentiality is not an issue where parties consent.
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  • Wednesday, April 08, 2026 4:08 PM | Steve Smith
    In terms of case management, in complex cases, provided disclosure to and agreement by the parties, associates could act as tribunal secretaries in assisting the tribunal on case management issues. However, I think it would be a rare case, where arbitrators could rely on law firm associates to draft awards. Presuming disclosure to and agreement by the parties, I guess it would be OK for associates to check drafts of awards by arbitrators for typos, to make sure cited cases support the analysis, etc. But the award decisions must always come from the arbitrators.
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    • Wednesday, April 08, 2026 4:28 PM | Tobey Marzouk
      Good point, but I seriously doubt a litigant in an arbitration proceeding would ever object to an arbitrator asking if it is acceptable to use associates. The fear of alienating the arbitrator is an immense disincentive to lodging any objection. It's unrealistic to expect a litigant to do anything but accede to the arbitrator's stated preference.
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  • Wednesday, April 08, 2026 4:09 PM | David Wilson
    Before I became an independent arbitrator, I did not use associates to assist me in my work as arbitrator. Overall, I am uncomfortable with the idea that arbitrators could delegate work to associates. At a minimum, this practice would need to be disclosed to the parties, and the associates would also have to make disclosures.
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  • Wednesday, April 08, 2026 4:43 PM | Edward Mullins
    The arbitrator clearly must disclose. There is no reason to use an associate, if you need law on an issue you ask the parties to brief it. If you want proposed awards (Im a big fan of to limit the issues and get a clear demand for relief) then do that. If you want an associate to act as the secretary you must disclose but recognize the parties are being forced to agree.
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  • Wednesday, April 08, 2026 4:46 PM | Charles Atwell
    I have a lawyer that on occasion works for me as an Independent Contaractor. usually she is works on matters other than Arbitration. On occassion she has sat in on arbitrations when we are not having A transcript to assit in note taking. When I have done so It has been with Full disclousure and consent with Both sides
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  • Wednesday, April 08, 2026 4:54 PM | John D
    No! Same reasons as other comments.
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  • Wednesday, April 08, 2026 5:06 PM | Gregory Bistram
    No
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  • Wednesday, April 08, 2026 5:09 PM | Steven Skulnik
    I've never done it and do not expect to start now.

    For those who do it, they should be guided by rules applicable to tribunal secretaries. See, for example, Article 14A LCIA Rules ("Under no circumstances may an Arbitral Tribunal delegate its decision-making function to a tribunal secretary. All tasks carried out by a tribunal secretary shall be carried out on behalf of, and under the supervision of, the Arbitral Tribunal which shall retain its responsibility to ensure that all tasks are performed to the standard required by the LCIA Rules.") The Rule not only requires disclosure, but also party agreement on the tasks that may be carried out by a tribunal secretary.
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  • Wednesday, April 08, 2026 5:17 PM | Anonymous
    I am sole practitioner and I don’t have a law firm backing me. So all of my research and writing is done by me. But if I was with a law firm, I think that there should be no disclosure other than I am affiliated with thus law firm, because the parties are selecting me to be the arbitrator and not the firm
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  • Wednesday, April 08, 2026 5:46 PM | Karl Sieg
    No.
    Do you mean utilize or use?
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  • Wednesday, April 08, 2026 5:55 PM | Robert L. Arrington
    No. Absolutely not.
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  • Wednesday, April 08, 2026 6:20 PM | anonymous
    The Parties and the AAA appointed the arbitrator. The arbitrator should draft the award, every draft. How can any associate ever know how to draft an award? Since no associate drafted the award or drafts, there is nothing to disclose. I do not know what "case management" encompasses. Hence, I decline to comment.
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  • Wednesday, April 08, 2026 8:12 PM | Bob Huber
    Here is what the AAA says about using associates in its ACE-26 training:
    The Code of Ethics (Canon VI.B.) .) states that an arbitrator “may obtain help from an associate, a research assistant or other person in connection with reaching his or her decision if the arbitrator informs the parties of the use of such assistance and such persons agree to be bound by the provisions of this Canon.”

    Note that an "assistant" is not the same as a paralegal or other administrative support personnel. The cost of paralegals and administrative support personnel should be built into your all-inclusive rate of compensation.

    If an associate or research assistant is used, that individual is also subject to the same conflict disclosure requirements under the AAA Rules and their rate information must be clearly set forth as part of your fee policy or disclosed to the parties in a separate Notice of Compensation Arrangements before that assistant incurs any time on the case.

    If these requirements regarding the use of an associate or research assistant are not complied with, you may not use an assistant, let alone try to bill for their services.

    Any anticipated time for the associate or research assistant must be included in your time estimate as a separate line item and any invoice submitted for time spent by an assistant must clearly indicate that the work was performed by the assistant, with the appropriate rate applied.
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  • Wednesday, April 08, 2026 8:57 PM | Kathy Smalley
    This is not something I've done, and my immediate reaction is that there is no role for an associate. But as I read everyone else's reaction, I wondered how this practice differs from the use of law clerks by judges. An arbitrator has disclosure obligations because of the consensual nature of the selection of the arbitrator. As long as any use of associates is disclosed before the arbitrator is selected, and as long as the use is comparable to a judge's use of law clerks, is it inherently problematic?
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  • Wednesday, April 08, 2026 10:36 PM | Jose Maria Abascal
    When I am appointed as arbitrator the parties chosen me and only me. I have never relied on any help.
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  • Wednesday, April 08, 2026 11:41 PM | Mark Bunim
    This does happen, although not frequently. In my experience a Chair utilized an associate, with the consent of the parties and it turned out that the associate was superb and did a first-rate job. Former judges who are used to working with law clerks, will, from time to time, bring on a junior lawyer to do drafting.
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  • Thursday, April 09, 2026 10:38 PM | David Millstone
    Absolutely NOT for the reasons stated by others. Arbitrators are selected for their judgment and ability to determine credibility of witnesses. That cannot be done by a third party. I agree with the comment that if an arbitrator seeks approval for the practice from the parties he or she is putting them in an untenable posiiton.
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