Avoiding Abuse of the Prestige
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A judge must not abuse the prestige of judicial office to advance the
personal or economic interests of the judge or others, or allow others to
do so. CJC Rule 1.3. It is improper for a judge to use or attempt to use her
position in order to gain personal advantage or deferential treatment of
any kind. CJC Rule 1.3, cmt. 1.
Example: It would be improper for a judge to allude to her judicial status in
order to attempt to gain favorable treatment in encounters with traffic
officials.
When can a lawyer compensate non lawyers?
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, A lawyer may compensate nonlawyers for generating client leads, as long
as the nonlawyers do not recommend the lawyer's services or improperly
communicate with the potential clients. See Model Rule 7.2, Comment [5].
are general partners jointly and severally liable for obligations of the law firm?
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As general partners, the lawyers are jointly and severally liable for
obligations of the law firm.
Does the judge have to leave the court room when counsel is discussing whether to
waive Judge's disqualification?
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Unless the judge is subject to disqualification for a personal bias or
prejudice or personal knowledge of facts that are in dispute in the
proceeding, the parties may waive the judge's disqualification. Model Code
of Judicial Conduct, Rule 2.11(C). However, in addition to disclosing on the
record the basis of the judge's disqualification, the judge must ask the
parties and their lawyers to consider, outside the presence of the judge
and court personnel, whether to waive disqualification. Here, the judge
improperly remained in the courtroom and overheard the discussion.
Can a judge make reasonable accommodations to ensure pro se litigants the
opportunity to have their matters fairly heard?
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, It is not a violation of the rule requiring fairness and impartiality for a judge
to make reasonable accommodations to ensure pro se litigants the
opportunity to have their matters fairly heard. CJC Rule 2.2, cmt. 4.
Under Model Rule 6.4, the attorney is permitted to be a member of the board, even
though the board's decisions may affect interests of his clients. However, when the
attorney knows that a client's interest may be materially benefited,
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the attorney must disclose that fact. This is precisely what the attorney
intends to do here.
-not necessary for them to disclose the name.
can an attorney withdraw without good cause?
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Once the attorney accepted the representation, she was only permitted to
withdraw for one of the reasons listed in Model Rule 1.16(b). Because none
of the specific reasons applied, "good cause" was the only remaining
reason that could potentially apply. The facts clearly do not support the
existence of "good cause."
Can a judge consult with a court staff and court officials/other judges who's function
are to aid the judge?
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A judge must not abuse the prestige of judicial office to advance the
personal or economic interests of the judge or others, or allow others to
do so. CJC Rule 1.3. It is improper for a judge to use or attempt to use her
position in order to gain personal advantage or deferential treatment of
any kind. CJC Rule 1.3, cmt. 1.
Example: It would be improper for a judge to allude to her judicial status in
order to attempt to gain favorable treatment in encounters with traffic
officials.
When can a lawyer compensate non lawyers?
Give this one a try later!
, A lawyer may compensate nonlawyers for generating client leads, as long
as the nonlawyers do not recommend the lawyer's services or improperly
communicate with the potential clients. See Model Rule 7.2, Comment [5].
are general partners jointly and severally liable for obligations of the law firm?
Give this one a try later!
As general partners, the lawyers are jointly and severally liable for
obligations of the law firm.
Does the judge have to leave the court room when counsel is discussing whether to
waive Judge's disqualification?
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Unless the judge is subject to disqualification for a personal bias or
prejudice or personal knowledge of facts that are in dispute in the
proceeding, the parties may waive the judge's disqualification. Model Code
of Judicial Conduct, Rule 2.11(C). However, in addition to disclosing on the
record the basis of the judge's disqualification, the judge must ask the
parties and their lawyers to consider, outside the presence of the judge
and court personnel, whether to waive disqualification. Here, the judge
improperly remained in the courtroom and overheard the discussion.
Can a judge make reasonable accommodations to ensure pro se litigants the
opportunity to have their matters fairly heard?
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, It is not a violation of the rule requiring fairness and impartiality for a judge
to make reasonable accommodations to ensure pro se litigants the
opportunity to have their matters fairly heard. CJC Rule 2.2, cmt. 4.
Under Model Rule 6.4, the attorney is permitted to be a member of the board, even
though the board's decisions may affect interests of his clients. However, when the
attorney knows that a client's interest may be materially benefited,
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the attorney must disclose that fact. This is precisely what the attorney
intends to do here.
-not necessary for them to disclose the name.
can an attorney withdraw without good cause?
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Once the attorney accepted the representation, she was only permitted to
withdraw for one of the reasons listed in Model Rule 1.16(b). Because none
of the specific reasons applied, "good cause" was the only remaining
reason that could potentially apply. The facts clearly do not support the
existence of "good cause."
Can a judge consult with a court staff and court officials/other judges who's function
are to aid the judge?
