Dear Ethics Lawyer
This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.The Tricky Matter of Gifts and Hospitality to Judges
From a lawyer's perspective, they are covered by ABA Model Rule 3.5(a), the current version of which prohibits a lawyer from seeking to "influence" a judge by means "prohibited by law." In addition, some authorities read Rule 3.5 in conjunction with ABA Model Judicial Code Rule 3.13(B), permitting judges only to accept "ordinary social hospitality" and "items with little intrinsic value."
May 18, 2023 at 02:56 PM
5 minute read
Ethics|
Dear Ethics Lawyer
This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.
Question: I have two related questions about interaction with judges, highlighted by current events concerning U.S. Supreme Court justices. First, a state court judge in our jurisdiction is retiring after 105 years on the bench. A retirement party is scheduled for him to occur a couple of weeks before his retirement. A group of lawyers are collecting money to buy tickets for a European vacation to present to the judge at the retirement party, and our firm has been asked to contribute. As far as the Model Rules are concerned, may we give?
Second, this has me thinking about my relationship with a former law firm partner who is now on the bench. A couple of times a year, we play golf together. Sometimes this is at my club. Do I need to ask him to reimburse me for the cost, or is it alright for me to host? We are good friends outside the profession, and he would recuse if a case I was involved in ever ended up in his court.
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