You have been retained to testify as a damages expert at a binding arbitration about the financial loss your client sustained when a supplier shipped it defective raw materials. Several days before the arbitration proceeding, you discovered that the arbitrator is a member of your country club who occasionally plays golf with you.
a. Do you have a conflict of interest in testifying under oath on behalf of your client? Explain?
b. Should you discuss this case with the arbitrator if you see him at the country club? Explain?
c. Does the arbitrator have a conflict of interest? Explain?