Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong

March 16, 1992

Synopsis By: Lurie
Proceeding Author:
Michael H. Campbell, Erwin B. Ellman, Robert H. Nichols, Dennis R. Nolan
 

Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the consent of both parties.” In this 3-part article, Attorney Ellman offers reasons that the provision should be deleted from the Code; Attorney Campbell for management, Attorney Nichols for labor, and Arbitrator Dennis Nolan state why they believe the provision should be retained.


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