Arbitration Tips-N-Tools (TNT): Round 18

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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about advice for attorneys representing parties in arbitration where the other side is not represented by counsel, especially in a digital world, and faced with the complexities of the Covid-19 pandemic.

Round 18: What advice do you have for attorneys representing parties in arbitration where the other side is not represented by counsel— this can be one answer and off the cuff/short?

Responses:

A) Steven G. Shapiro –

1. Arbitrators are still subject to the human condition and to ideas of fairness. Counsel opposing a pro se party are obligated to zealously defend the client, but must guard against being aggressive to the point of seeming to take advantage of the pro se party

B) Imre Szalai

1. Understand that the arbitrator, while remaining neutral and while not arguing the case on behalf of the pro se party or giving any legal advice, may give the pro se party a little more leeway when presenting their case in order to ensure they are heard.
2. Also, be careful with ethics considerations, like ABA Model Rule 4.3, in all dealings or communications with the pro se party, such as in attempting to settle the case.

C) Erin Archerd

1. Yes, you must still be a zealous advocate, but this is not a good time to use your superior procedural knowledge to nit-pick the pro se opposing party or bury them in a mountain of documents meant to keep them from finding relevant materials. This will only annoy your arbitrator and is likely to cause them to go a little bit easier on the pro se party than they might have otherwise.