1. Varieties of conduct
    1. Subject to discipline
    2. May or proper
    3. Subject to litigation sanction
      1. Conflict of interest
      2. Rule 11
    4. Subject to disqualification
    5. Subject to civil liability
      1. Malpractice
      2. Different from professional misconduct
    6. Subject to criminal liability
      1. Destroying evidence
      2. Tax fraud
    7. Model rules
      1. (must)
      2. with comments that are non-binding
        1. there are "should" rules in the comments
    8. types of discipline
      1. light
        1. reproval
        2. censure,
        3. reprimand
      2. suspension
        1. can't practice for a finite period of time
      3. disbarrment
        1. they take away the ticket
        2. if someone is disbarred, their name needs to come off the letterhead
      4. readmission
        1. can seek readmission
  2. Who regulates of legal profession
    1. Courts regulate legal profession
    2. Regulations must be rational to accomplish the purpose that they are seeking to accomplish
      1. Can make you graduate from a accredited law school
    3. Qualifications
      1. Don't need to be US citizen
      2. Don't need to be a Resident in the particular state
      3. Character and fitness
        1. Can't deny based on membership in communist part
    4. Jurisdictional boundaries
      1. Being admitted in one state doesn't give one the ability to practice in another
      2. In the federal court (SDNY) must be separately admitted to practice in the federal court
    5. Must make a motion before a federal court judge
  3. Unauthorized practice of law
    1. Tasks that are proper for a clerk to perform
      1. Interview witnesses
      2. Fill in blank forms
        1. Form real estate contracts
      3. Write memos of law
      4. Clerk must be properly supervised
      5. If the lawyer doesn't supervise the clerk, the lawyer is subject to disciplined
        1. Lawyers are responsible for clerks mistakes
      6. Young associates must be properly supervised by senior lawyers
      7. Drafting forms (so long as there is supervision)
      8. Interviews, and sign a written version of the interviews
    2. Tasks that require a license
      1. Appearances on behalf of a client
      2. Taking depositions
      3. Negotiating settlements
        1. Attorney is subject to discipline for delegating something to a non-lawyer
        2. There are exceptions for the student practice orders
  4. Bar admission and disciplinary matters
    1. Filling out the application for admission
    2. There is a duty to alert the bar to fit and unfit candidates
    3. Failed to respond to a lawful demand for information
      1. There is a duty in that situation to respond
      2. There is a duty to supplement
    4. Lawyers need to recommend people who they do know
      1. Lawyers have a duty to report people that they do know
      2. Duty to report extends over state lines
      3. Can't report someone anonymously
      4. If someone rehabilitates himself the lawyer has a duty to report the rehabilitation
    5. Duty to report
      1. There is now an obligation to tell on each other
      2. Young lawyers have a duty to report
        1. Himmel: Lawyer didn't report the violation of another attorney, the one who knew about it and didn't make the report
      3. Duty to report judges for code of judicial conduct
    6. Duty of confidentiality will override duty to report
      1. Professional responsibility lawyers are bound by confidentiality
    7. Duty of confidentiality does not extend to not recommending someone
      1. E. g. someone who knows someone is unfit (but in a confidential way) one can't go out and affirmatively lie
    8. There is no statute limitations of misconduct
    9. Attorneys can verify misconduct
    10. Jurisdiction to discipline a lawyer
      1. New York can Discipline for Conduct that is required
        1. State in which the lawyer's misconduct occurs
        2. Can't take away the license to practice, but the jurisdictions talk to each other
  5. Misconduct
    1. Violation or attempts to violate a model rule
    2. Assisting or inducing another lawyer to violate a model rule
    3. Using the acts of another person to violate a model rule
      1. Using an agent to violate a model rule
    4. Engaging in conduct that shows dishonesty fraud, or misrepresentation
      1. If the lawyer wasn't found guilty of conduct, it can still be misconduct
      2. If the dishonesty or fraud occurs outside the practice, they can still be disciplined
    5. Committing a crime that shows dishonest, untrustworthiness
    6. Engaging in conduct that is prejudicial to the practice of justice
    7. Stating an ability to influence a government official or agency
    8. Knowingly assisting a judge in conduct that is in violation of the code of judicial conduct
    9. Still can be subject to discipline if not practicing law
      1. Doesn't matter if not convicted of a crime
      2. Differences in proof that matter
  6. Formation of the lawyer-client relationship
    1. Consensual
    2. Not permissible to turn away all cases
    3. Sometimes a lawyer is appointed to represent a party
      1. Should take a case, unless there is good cause
        1. E. g. conflict
        2. Result in unreasonable fiinancial burden
        3. Personal feeling so strong that you can't represent the person
    4. Things that you must reject
      1. If you are physically disabled
        1. (e. g. deaf)
      2. conflicts
        1. even if one has nothing to do with the other
        2. can't sue or represent a party representing the current client unless there is informed cosnent
      3. if the claims are frivolous or harassment
        1. in civil matter: if there is nothing to inflate about, and there is nothing to fight about the lawyer can't take the case, then any defense is frivolous
          1. 21 day rule: if someone interposes a defense that is frivolous, after notifation that the claim is frivilous, if you do it with in 21 days one is not subject to sanctions
        2. criminal
          1. can take the case no matter what the truth of the matter
          2. defendant has a right to make the people prove every element of the crime
      4. personal feelings
      5. incompetence (e. g. no experience)
        1. exceptions to incompetence
          1. associates themselves with another lawyer and the client consents
          2. lawyer becomes competent in this subject matter
          3. emergency cases (exception applies only in period of the emergency)
      6. must reject if it involves someone in criminal conduct
  7. duty of confidentiality: a lawyer must not reveal any information relating to the representation of the client
    1. things that are said without the expectation of confidentiality are not protected but if it is something that relates to duty of confidentiality is broader than the attorney-client privildge
    2. exceptions
      1. consent
        1. full disclosure
        2. may use confidences to the extent necessary to defend themselves to civil, criminal, or dislinary complaints
      2. defenses to malpractice charges
        1. can't threaten to reveal
        2. threat of a lawsuit is enough to reveal confidential information
          1. can still reveal confidentiality to protect against a claim even if the claimant isn't a person
      3. court orders
      4. intends to commit a crime that will likely result in iminant death
        1. may reveal confidential information to stop that
        2. must be a crime in the future and a crime that will result in substantial bodily harm
        3. suicide is a crime, but the lawyer MAY reveal
    3. use of confidential information
      1. cannot use client's confidential information to the disadvantage of a client unless there is consent
      2. prospective clients: even if turning away prospective cleints
    4. information about legal services
      1. attornies have first amendment right to advertise (but is commercial speach)
        1. yellow page ads
        2. office signs
        3. business cards
      2. can't be misleading
        1. statements that contain unreasonable expections
        2. (e. g. can't have a reocrd)
        3. can't say that they never lost a jury trial
      3. announcements are a form of advertising
      4. letthead
      5. brochures
      6. recorded messages on phone are ok
      7. and solicitation impermissable
      8. every ad has to include one lawyer responsible
      9. must keep a record
    5. okay to include
      1. fields of practice (if limtied to)
      2. can't say that people specialize
      3. languages spoken are okay to include
      4. educational background
      5. lawyer excepts credit cards (e. g. bankrupcy)
      6. certification by certain recognized groups
        1. has to be a legitimate group
        2. need to name the organization
        3. has to say what the status of the organization is with the state or that the state has no progrm for approvating certifying organization
      7. can say memberships in bar assoications
      8. regular clients with they have their consent
      9. firm names
        1. partners
        2. permissible to list the name of a current partner, or a retried partner, or a dead partner
        3. they have to have practiced at the firm when they were alive
      10. if they go into government work, their name has to come off the letterhead
      11. multi-state firms
        1. must list the jurisdictional limits of the letterhead
      12. trade names
        1. permissable
          1. so long as it doesn't connote a relationship with government
    6. radio and TV announcements
      1. must keep copy for two years
      2. must keep a record where the advertisement was broadcast
    7. direct mail
      1. permissable
      2. have to print on the envelope that it is attorney advertising material
      3. in Florida one has to wait 30 days before direct mail
      4. can direct at rich people
        1. lawyer must adhere to a request to cease and decist
        2. people are bothered by attorney's conduct
    8. "specializing in"
      1. jurisdiction recognizes bankrupcy as a specialty
      2. prctice is limited to
      3. other exceptions
        1. admiralty
        2. patents
    9. solicitation (direct, fact to face)
      1. prohibited
        1. can't solicit for self or partner
        2. can't enter into agreement with non-lawyer for referrals
      2. permissable
        1. group and pre-paid legal service
        2. get a certain amount of free legal work per year
        3. pre-paid legal service groups can solicity
          1. pre-paid legal service groups can't target people who are in need of current legal services
    10. education
      1. can give seminar to lay people on writing a will
      2. can't give specific legal advice to people at the seminar
    11. exceptions
      1. "no fee" solicityation for political groups (e. g. finding a clients with a test case)
      2. close friends or relative
      3. present clients
      4. former clients
      5. retainer agreements okay
      6. billboards, signs are okay
  8. fees
    1. fee agreement should be in writing
      1. circumstances where it must
      2. lawyers can except property in exchange for legal services
      3. can except payment by credit card
    2. should be reached as early as possible
    3. bar can't set minimum fees (Goldfarb v. VA)
    4. reasonableness
      1. time and labor required
      2. can't double bill clients (e. g. can't bill everyone for the time that they were there)
      3. have to break down the time
      4. novelty and difficulty of the questions involved
      5. whether the lawyer must turn away other cases
      6. what other attornies in community charge for similar work
      7. amount at stake and the results obtained for the client
      8. time limitations imposed by the client
      9. nature and length of the relationship
        1. longer the relationship
      10. experience of the lawyer and reputation
      11. whether fee is fixed or contingent
        1. contingent fee can be higher
    5. contigent fee
      1. usually a percentage
      2. 1/3 is reasonable
      3. prohibited contingency fees
        1. criminal cases
        2. incentives are impermissable
        3. domestic relations cases are imperssable
          1. e. g. amount of alimony and support
          2. dont' want to put a premium on tearing marriage apart
        4. explain alternatives
          1. have to explian that they are going elsewhere and going on an hourly
      4. termination and terminationo
        1. client can fire the lawyer for any reason
        2. lawyer will get quantum meruit
        3. lawyer will get a reasonable hourly rate for the time put in on the file
        4. lawyer will onyl get thee reasonable hourly rate -- only if the cases is a winner
        5. termination for cause
          1. not entitled to any payment
      5. contingency fees must be in writing and must state
        1. how the fee is to be calculated
        2. what expenses are to be deducted from the recovery
        3. whether deductions for expenses will be deducted before or after
          1. if you don't include, you are stuck with a lower amount
        4. at the end of a represenation, you have to send to the client a written statement showing how you calculated the fee
    6. fee splitting with other attornies
      1. can split with lawyers in firm
      2. can split fees with other lawyers outside firm
        1. obtain client's consent to associate self with other lawyer
        2. fees are divided in proportion to the work performed
          1. can't get more than percent of work perfirmed
        3. or each lawyer assumes joint responsibility for represneartion of client in a written agreement
          1. including responsibility if the other lawyer commits malpractice
          2. total fees are reasonable (e. g. has to be cappedat 1/3)
      3. lawyers can get money as part of a sperartaion or retirement agreement
    7. fee-splitting with lay people
      1. my neighbor was involved in an accident
      2. death benefits
      3. payment for work done before death
        1. e. g. groups of people who wind up cases
      4. compensation or retirement a plans for adminstrators of firms
        1. permissable if part of compensation or retirment plan for non-lawyer employees
      5. secretaries and messengers can participate in retirment plan
    8. can still be on hourly that is paid later
    9. lawyers may advance filing fees and court costs
    10. can have a contingency fee in a collection (even if ther underlying is a domestic relations question)
  9. law firms and assoications
    1. Please visit
    2. patnership
      1. lawyers can get together in a partnership and practice law
      2. if one aspect of the parternship activity includes the practice of law, every partner must be a lawyer
      3. patner is responsible for conduct of lawyers that partner supervises
        1. all officers, directors, and shareholders must be lawyers
        2. legal PC, one dies, and the lawyer's spouce must
    3. multi-discilinary partice relationship of lawyers with non-lawyer
      1. check this
    4. can list additional qualifications (e. g. CPA)
      1. if you are only reprenting osmeone in capacity as CPA, than one can't solicit one's other preofession as the other
      2. attorney-client privildge only pretains to one's legal practice
        1. e. g. can't assert to accounting privildges
      3. ancilliary businesses
        1. lawfirms can provdie planning, lobbying, accounting advice
        2. if one is doing this, than the lawfirm is bound by the rules of professional conduct
  10. restrictions on the right to practice
    1. imperssiable to sign a right to practice
      1. both parties to a non-compete can be disciplined
      2. exception: if restriction is based sonly on receiving retirement benefits
  11. lawyer-client relationship
    1. liability for legal malpractice (different than professional misconduct)
    2. doesn't need to cary malpractice insurance
    3. attorneys are liable for the negligence of people who are being supervised
  12. malpractice
    1. theories
      1. intentional tort
      2. breach of a fiduciary duty
      3. breach of contract (retainer agreement)
      4. negligence (most often on MPRE)
        1. client
        2. potential client
        3. liability third parties who are intended to benefit
          1. e. g. lawyer who represented a client, and failed to properly draft a summary (e. g. something given in reliance)
          2. e. g. there is a duty owed to a third party
      5. proximate cause
        1. this is an element of a legal malpractice case
        2. e. g. if the negligence didn't result in any damage it doesn't matter if there underlying case had no merit, one needs to cause proximate cause
      6. standard of care
        1. orginary lawyer
        2. specialists are held to the higher standard of case
      7. limitation of liability
        1. can't limit liability
      8. settlement of malpractice
        1. of someone is going to settle a malpractice has to tell someone to review with another lawyer
    2. dilligence and communication
      1. must keep client reasonable informed of developments in the lawsuit
      2. respond to requests for information
      3. furnish client with sufficient information to make a decision
      4. settlement offers
        1. even low ones
    3. duty to avoid conflicts
      1. can't buy property of client at a legal sale
      2. business transactions with a client
        1. presumption of undue influence
        2. can't take stock
        3. exceptions: you don't need to satisfy requiremetns if it is a standard non-legal advice transaction
          1. reasonable and fair
          2. full disclores (that cleint can understand)
          3. cleint has given a chance to seek outside counsel
          4. client must consent in writing
      3. can't obtain an interest adverse to a cleint
        1. if you represented a client, you could take goods in kind
        2. can't take a mortgage from a client because it takes an interest adverse to a client
        3. lawyer can't acquire an interest in the subejct matter, except for contingent fees
        4. contingency fees are still okay (so long as it is not regardless of what happens in the lawsuit)
          1. lawyer must not be a witness in a case where the lawyer is also trial counsel
          2. exceptiosn
            1. uncontested matter
            2. testimony about legal fees
            3. (e. g. if attorney's fees are part of the recovery)
            4. substantial hardship (e. g. long term) doesn't have to withdraw if would result in substantial hardship to the client
  13. imputed disqualification
    1. rule: if one lawyer in a firm is disqualified, the disqualificaton is imputed to every lawyer in the firm
      1. exceptions: former government employee
        1. former governmental employee may not represent a party on a matter that she worked on personally and substantially while with the government
        2. if the employee worked on it while with the government, then you can't represent a private party in that matter
          1. there is no way to consent to it (e. g. the governent can't given consent to waive the conflict)
      2. need to make
        1. full disclosure to state in writing need to tell government that you are at the lawfirm
        2. no fee to former government lawyer
        3. no disclosure of confidential information
      3. legislation is not a matter (matters involve private parties) so lawyers who work n legislation are not subject to conflicts
    2. family disqualification
      1. lawyer can't represent a client who is suing a party represented by a spouce, parent, child, or sibling unless client consents
        1. this conflict is not imputed to other members of firm
  14. gifts and favors from a client
    1. a lawyer may accept a gift from a client if it meets general standards of fairness, if it mees general standards of fairness
    2. lawyer may not draft an instrument (e. g. a will) that gives the lawyer, or a relative a gift or a bequest unless the lawyer is related to the donor
      1. this rule is imputed to other lawyers in the firm
  15. literary or media rights
    1. may not acquire literary or media rights to a client's story until after the matter is entirely concluded
      1. can't negotiate media rights in the middle of represenation with the client
      2. client can't consent to waive this rule
      3. if we are going to right a book about a Clien'ts story
  16. interests of other clients
    1. conflicts among current clients
    2. can't represent two clients on different sides of the case
    3. same side of the v (can't represent if there is a potential cross claim)
    4. can't sue a current client on an unrelated matter (unless there is consent after disclosre)
    5. multiple clients
      1. can represent multiple clients if their interests are not adverse
      2. if one finds out later that the interests are somewhat different, and the multiple clients have conflcit interst the lawyer has to withdraw from representing all of the clients
    6. confidential information
      1. can't use the confidences of one client to assist a person in represening another
  17. former client conflict rule
    1. a lawyer may not oppose a former client in a matter that is substantially related to the prior representation
      1. can't use confidences you learned when you represented the client in the past this rule is impued
  18. third party interests (where a third party pays the legal fees) (e. g. insurance comapny paying for defense)
    1. client is the client, even though the insurance company is paying the freight
    2. the lawyer can't follow the direction of the third-party payor
    3. confidentiality is followed (e. g. lawyer can't reveal confidential information to the third party payor)
    4. client has to consent to this (this is in insurnace contracts)
      1. disability of client
  19. organization as client
    1. corporation is the client (not the directors or the shareholders)
      1. might be adverse to the interests of the director
  20. safeguarding client's money and property
    1. retainers and monye
      1. duty not to co-mingle money or property goes into trust account
        1. could be a $5k retainer
        2. trust account has to be in state where the lawyer practices
        3. can use one account, provided that there is accounting
      2. large sums have to go in interest bearing accounts
      3. make sure that one withdraws money each month if you don't you are comingling
    2. property
      1. can't be in desk -- has to be in safe deposit box
      2. has to promptly notify
      3. prompt turnover when it is due to the client
        1. unless there is an acutal lien or an established legal right to the money
    3. disputed claim with client
      1. amounts that arn't in dispute has to be turned over
      2. the disputed amount stayes in escrow until dispute is resolved
  21. decision making in the lawyer-client relationship what the client must call
    1. client has final call
      1. whether to commence a suit
      2. what defenses to interpose
      3. whether to settle a suit then the client makes the call
      4. testifying in a criminal case
      5. pleading guilty in a criminal case
      6. jury trial in a criminal case
      7. appeal
    2. lawyer has call
      1. reasonable adjournments provided doesn't prejudice client
      2. discovery whether to conduct discovery
        1. if the client doesn't want it, then the lawyer should abide
      3. conducting deposition (type of discovery)
      4. venue this is the lawyer's call
      5. client under disability (e. g. youth)
        1. have to have a guardian appointed
        2. guardian makes the decisions that the client would normally make
  22. terminating the lawyer-client relationship
    1. client fires lawyer
      1. client has power to terminate for any reason at all
        1. still entitled to get paid
        2. if terminated for cause not entitled to payment
      2. need court's permission if matter is in litigation
      3. have to obey court's conduct
      4. must return client's property promptly if matter is in litigation
        1. file itself
        2. exception: lawyer has a lien on the file
        3. drafts and final product are both included
        4. unsed portion of the retainer
    2. lawyer withdraws (not fire)
      1. withdrawal (permissive)
        1. any good reason where there is no matieral harm
        2. if the client consents
        3. where one of these conditions are met
          1. client persists in criminal or fraudulent activity
            1. reasonable belief is enough
            2. where the lawyer has to engage in illegal conduct than MUST withdrawl
          2. client has used attorney's services to commit past crime or fraud
          3. client's objective is repugnant or improvement
          4. client breaks promice to lawyer (e. g. getting paid, but this alone isn't enough)
          5. unreasonable financial hardship
          6. client won't cooperate with represenation
          7. can't negotiate around these rules
        4. reasonable notice
      2. mandatory withdraw or make a motion
        1. disability of lawyer
        2. if contiuing with the representation will require the lawyer to violate the law or a disciplinary rule
        3. discharge before or after litigation
  23. roles of the lawyer
    1. lawyer as advocate facts have occurred
      1. duty is to put the facts in the most postive light possible for the client
      2. lawyer has to know that a story is untrue
    2. lawyer as advisor
    3. lawyer as intermediary
      1. can assist parties incoming to a settlement agreement
      2. can review this proposed settlement with one's own lawyer
      3. intermediary can't represent either party in subsequent litigation
    4. lawyer as evaluator
      1. when the lawyer acts in this capacity the lawyer must be truthful
    5. lawyer as prosector
      1. a prosecutor must reveal evidence to the defendant that tends to negate the guilt of the defendant, even without a request
    6. lawyer as negotiator
      1. rule generally is that the lawyer must be truthful
      2. estimates of price or value
        1. can exagerate the price or value of that car
        2. what your client will accept in settlement (can play poker)
  24. duty of candor
    1. must disclose caselaw to the court if two things are present
      1. caselaw is in the controlling jurisdiction
      2. caselaw is directly opposed to our case (don't have to explain it)
    2. no duty to disclose facts that are adverse to position
      1. (might be exceptions)
    3. must reveal the identity of client (unless confential)
      1. if client's identity would be confidential if that would link them to a crime
      2. if appearing before a legislative committee
    4. false statement of fact
      1. lawyer cannot knowingly make a false statement of fact (material fact) (if he finds out later he is not knowling subject to it)
      2. witnesses
        1. no contingent fees to an expert witnesses
        2. no incentives to experts
    5. adversaries witnesses
      1. can speak with an advisarites's witnesses (directy)
      2. can't speak to the represented opposing party directly
      3. can speak to B's witnesses directly
    6. jurors
      1. lawyer who is connected with the case (before and during the trial) can't speak with juror about any issue (even weather)
      2. any lawyer can't speak with a juror about the case
      3. after the trial of the case, one can speak with the juror provided no harassment
    7. during litigation
      1. lawyer cannot refer to a matter that is irrelevant to the case
      2. lawyer isn't permitted to give personal opinion
      3. lawyer can say that the evidence indicates
      4. can't speak about the legal matter to people (e. g. direct commnuication with adverse party)
        1. corporations: the advisary must obtain corporate counsel's permission
          1. person whose conduct can be imputed to the corporation
          2. if you are going to speak to one's bother, one needs permission to do this
        2. lawyer may not advise or cause a person to flee the jurisdiction if the purpose is to make the person unavailable as a witness
      5. duty to be cuteous to advisory
        1. by calling somen names
      6. fairness to non-clients
        1. repsects for third persons
        2. can't use legal means to embarrass third persons
          1. can't serve burdensome discovery demands on third persons
          2. can't obtain evidence though a violation of a third party's rights
        3. pro-se advisaries: can speak with unrepresented parties, provided that you don't give them legal advise
          1. can tell them to get counsel
    8. lawyer's duties as a citizen
      1. can contribute to or work for a judge's campaign (have to give it to committee, not judge directly)
      2. gifts to the judge are permissable, but it has to be the ordinary social gift
      3. supporting law improvement
        1. e. g. a law reform group
        2. lawyer can still work with the law reform group
      4. public service
        1. a lawyer should participate in bar activities
        2. lawyer should do some pro-bono work
  25. Judicial ethics: ABA code of judicial conducts
    1. Others covered
      1. Judge
      2. Magistrate
      3. Referee
    2. Two types of rules
      1. Mandatory
      2. Hortatory (should)
    3. Obligations
      1. Conduct
        1. Independence and integrity
        2. Including in the personal life
      2. Gifts
        1. Books are ok
        2. Social gifts
        3. Honoria for public speaking
        4. Judge can't accept a discount that isn't available to the general public
        5. Judge must report anything they receive above $150 dollars
      3. Judge must follow the law, even if it differs from personal opinions
        1. Activities outside judicial office
    4. Judge cannot use non-public information that they gain while on the bench in outside activities for private gain
      1. (e. g. speculating on bonds)
      2. can't use official stationary
    5. can't get something from a bank that isn't available from everyone else in the sate
    6. Financial and business dealings
      1. Judge can't engage in business transactions with lawyers who regularly before him
    7. Litigation responsibilities
      1. Competance': must keep informed of current developments in law
      2. Promptness
      3. Decorum
        1. Has the obligation to keep decorum can't delegate to a lawyer in that fassion
    8. Ex-parte communication
      1. Generally imperssible
      2. Cannot speak with the judge about the case in the absence of the advisary
      3. Judge shoudn't permit this kind of communication
      4. Exceptions
        1. Expressly authorized by law
          1. E. g. TRO
        2. Mediation or settlement
        3. Emergencies: permissable under emergency exception
    9. disqualification
      1. Whenever a judge's impartiailty might be questioned: judge must disqualify herself if there is a reasonable ground to belive that the judge has personal knowledge of the facts
      2. Judge has a personal bias against either the party or the party's lawyer
      3. Prior involvement
        1. Party to it
        2. Lawyer to it
        3. If one of the partner's did can't here case
        4. Former partner or close relative
          1. Judge shall disqualify herself if a former partner of the judge of a close relative of the judge if a party, an attorney or a witness
          2. Close relative is defined as (anyone closer than a cousin) including spouses
      4. Economic interest
        1. Judge must disqualify himself if as an individual or a fiduciary has an economic interests or something that could be effected
          1. 1 share is more than deminium
          2. ownership interest in a mutual fund is one step removed
        2. if it is held by the spose, parent, child, etc. Resides in household
        3. remittal of disqualification is a waiver of disqualifiction
    10. administration
      1. bottom of page 47
        1. disinterested experts
          1. rule is that a judge can consult with disinterested experts
          2. judge can call a bankrupcy issue
          3. rules
            1. report must be proved to all parties
            2. all parites must be given an opportunity to comment
        2. judges can't investigate independantly
    11. judge can be a memeber of a law-related organization
      1. can be a member of legal aid provided that she is not deciding how cases are prosecuted
      2. organization cannot appear before her regularly in court
    12. money -- judges can't raise money for the charity, etc.
      1. Exception: judges can ask other judges on the court for money or for a charitable purpose
      2. Can help organize fund-raising activities
    13. Fiduciary activies of judges
      1. Generally judges can't serve as fiduciaries
      2. Judge may serve as a fiduciary for a member of the jduge's family
      3. Judge shouldn't become involed in things that would come before them
      4. Judge shoudln't become involve in advisarila proceding that would come before them
      5. Restrictions on financial dealings will also apply to a judge in their financial capacity
      6. Judges have to disqualify themselves from a case where a fiduciary interest has an interest
    14. Reporting misconduct
      1. Judges have similar knoweldge to report misconduct must report
      2. Information of a violation she should report
    15. Judge shoudln't testify unless subpoened -- judge must discourage being subpoened
    16. Non-profit organization
      1. Can be an officer, director, etc. For a non-profit religious, etc.
        1. Can't be a member of a public educational instituion except for a board member of a public law school
        2. Can be a board member of a private law school
      2. Judge can't be an officer in a business
        1. Judge can be an officer in a closely held family business provided that the judge doesn't regularly appear before judge in court
    17. Teaching is permissable
    18. References are okay
    19. Membership in an organization
      1. If the org discriminates on the basis of race, sex, natioanl orgin, the jduge can't be a member
        1. Exception: If the group discriminates on these grounds, but the goals are to advance the cultrual, or religious values, the judge can be a member
      2. Judge can be a member of an organization that discriminates on the basis of age or sexual organizatinprovded that it isn't prohibted in that jurisdiction
    20. Practice of law
      1. Judge can't practice law
      2. Can represent self pro se
      3. Can give free legal advice to family members
    21. Judges in politics
      1. Rule: judge must stay out of politics
      2. Running for office
        1. Public speaking permissable
        2. Can't commit on certain issues
        3. Soliciting votes: judge can go out an solicit votes directly
          1. Can't solicity votes for others
          2. Can do it, but not personally can organize a fundraising committee
            1. time limt where it is permissable: one year prior to election and 90 days after
              1. time starts from initial (primary) election)
    22. judge can't be a speaker or a guest of honor at a fundraiser
    23. conflict of interest
      1. former judge may not represent a private client in a matter that she adjudicated while on the bench
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