(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

Project Counsel Governed by 3rd Party Neutral Rules?

Massachusetts updated its rules for lawyers in March 2014.  How would such rules govern Project Counsel on an IPD project engaged to meld the parties without representing any one of them?

I expect the “3rd Party Neutral” rules would, well… rule.  A lawyer in that role, would “assist 2 or more persons who are not clients” on a matter that has arisen between them or in the “arrangement of a transaction”.  Rule 2.4

On construction projects, old style contract negotiations sometimes take longer than preconstruction itself.  Some newer Integrated Project Delivery styled contracts involve parties allocating risk among themselves, and among more than two parties at a time.  Having a lawyer to help parties find the agreement they can all subscribe to, will be come more common, I expect.  Project counsel will represent non of the individual parties, who can (and should) get their own legal advice.

The clearest signal from the new Massachusetts rules for Lawyers serving to guide different parties into discovering, for themselves, the agreement they can all live with – tell everyone you are not serving as their lawyer and get them to acknowledge it in writing.

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Charles W. Cobb

Attorney at Law


ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

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