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    Formal Ethics Opinion 07-449 (downloadable pdf)

    Formal Ethics Opinion 07-449 (downloadable pdf)

    Formal Ethics Opinion 07-449 (downloadable pdf)

    Lawyer Concurrently Representing Judge and Litigant Before the Judge in Unrelated Matters August 9, 2007 .
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    A lawyer who is asked to represent a client before a judge and is simultaneously representing that judge in an unrelated matter may, under Model Rule 1.7(b), undertake the representation only if he reasonably believes that he will be able to provide competent and diligent representation to both the litigant and the judge and they give their informed consent, confirmed in writing. Pursuant to Model Code of Judicial Conduct Rule 2.11(A), the judge in such a situation must disqualify herself from the proceeding over which she is presiding if she maintains a bias or prejudice either in favor of or against her lawyer. This disqualification obligation also applies when it is another lawyer in her lawyer's firm who is representing a litigant before her. However, absent such a bias or prejudice for or against her lawyer, under Judicial Code Rule 2.11(C), the judge may continue to participate in the proceeding if the judge discloses on the record that she is being represented in the other matter by one of the lawyers.

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    8/1/2007 12:00:00 AM

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