Also known as: disinterest · impartial · unbiased
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing a person or entity free from bias, prejudice, or personal interest in a matter.
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Darius Dixon faces trial in a small district where local media has covered the case extensively. He moves for a change of venue, arguing that residents cannot serve as impartial jurors because of widespread exposure to prejudicial reports. The court grants the motion after finding that no disinterested panel can be assembled locally.
Dolores Diaz meets with opposing counsel while handling her own dispute. The lawyer states that she is merely facilitating an agreement and has no stake in the outcome. The unrepresented party later claims she believed the lawyer was neutral, prompting the lawyer to clarify her role as advocate for her client.
Drake Logistics faces a derivative suit from a member. The board appoints two non-managing members who hold no financial stake in the challenged transaction to investigate. The court later reviews whether those appointees qualify as disinterested and independent before enforcing any recommendation.
Diego Duarte is indicted in a district saturated with negative pretrial publicity. He moves to transfer the case, showing that nearly every potential juror has formed a fixed opinion of guilt. The court orders transfer after determining that no disinterested jury can be seated in the original district.
Diana Delgado receives an appraisal from an appraiser she believes has no financial interest in the transaction. She relies on the valuation when purchasing property. Later litigation tests whether her belief that the appraiser was disinterested justified her reliance on the opinion.
Devon Drake's firm represents Delta Dynamics in a contract dispute while simultaneously suing the same company in an unrelated matter handled by another office. The court finds the arrangement improper because a disinterested lawyer could not reasonably conclude that both representations would remain unaffected.
A disinterested juror lacks any bias, prejudice, or personal stake that would prevent impartial decision-making. The Sixth Amendment guarantees an impartial jury, so courts must ensure that jurors have no fixed opinions or connections that undermine neutrality. When pretrial publicity or personal interests create widespread bias, a change of venue may be required to secure a disinterested panel.
Supporting sources
…setting of the police station may well be greater than in courts or other official investigations, where there are often impartial observers to guard against intimidation or trickery.[^maj-30] This question, in fact, could have been taken as settled in federal courts almost 70 years ago, when, in Bram v. United…
…the war, dealt with laws intended to meet a temporary emergency and providing for compensation determined to be reasonable by an impartial board. They went to the verge of the law but fell far short of the present act. Block v. Hirsh , 256 U.S. 135. Marcus Brown Holding Co. v. Feldman , 256 U.S. 170. Levy Leasing Co. v.…
…any adverse witnesses and by presenting his own arguments and evidence orally"; (3) retained counsel, if desired; (4) an "impartial" decisionmaker; (5) a decision resting "solely on the legal rules and evidence adduced at the hearing"; (6) a statement of reasons for the decision and the evidence relied on. 397 U. S., at…
…substantive rules. Nor is it subject to the procedural safeguards, such as the right to counsel and a hearing before an
…The nub of the complaint, then, is the ILECs' parallel behavior, consisting of steps to keep the CLECs out and manifest disinterest
A lawyer may never state or imply that she is disinterested when dealing with an unrepresented person on behalf of a client. The rule prohibits creating the false impression of neutrality and requires correction of any misunderstanding about the lawyer's role. Giving legal advice beyond the recommendation to obtain counsel is also forbidden when interests may conflict.
Supporting sources
A special litigation committee must consist of disinterested and independent individuals to ensure that its investigation and recommendation are free from bias or self-interest. Courts later review whether the members were in fact disinterested and whether they acted in good faith with reasonable care. If the committee satisfies these standards, its determination is typically enforced.
Supporting sources
A recipient may justifiably rely on a fraudulent misrepresentation of opinion when the opinion comes from someone the recipient reasonably believes to be disinterested and the fact of the opinion is material. This rule recognizes that opinions from neutral sources carry greater weight than those from interested parties. The belief in disinterest must be reasonable under the circumstances.
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