can an attorney take a case where his friend is the judge

A judge’s Facebook friendship with an attorney is not a legally sufficient basis to disqualify the judge from that attorney’s case, a sharply divided (4-3) Florida Supreme Court has ruled in a decision that produced three different opinions from the seven jurists.

Full Answer

What is a judge's relationship to a party or attorney?

The ABA (American Bar Association) Rule 8.4 (e) states. “It is professional misconduct for a lawyer to: state or imply an ability to influence improperly a government agency or official”. When an attorney says he/she is friends with the judge, it is only for purpose of suggesting he/she has influence over the judge.

Can a judge be fair and impartial if he has no experience?

Yes, but under the ethics rules pertaining to each, neither can allow the personal friendship to to affect or interfere with either’s ethical duties; i.e., the lawyer to his or her client or the judge to the administration of justice in any particular case.

Is the judge who presides over a case fair?

Jun 08, 2018 · A Miami circuit judge was a Facebook friend of a local attorney. A company being sued by its former lawyers hired that attorney to help defend their case. The law firm asked the judge to recuse ...

Do you get a better settlement from the judge or lawyer?

Jun 18, 2013 · By contrast, the committee found that friending would be permissible in a case where the judge was on the executive committee of a section of the local bar association and a member of the local Inn of Court; the judge wanted to communicate with members of both organizations using the judge’s social networking site; the judge did not intend to use the site …

What if judge and lawyer are friends?

When an attorney says he/she is friends with the judge, it is only for purpose of suggesting he/she has influence over the judge. ... In short, if you meet with an attorney that says they are good friends with the judge, do not hire that attorney. This is just the beginning of his or her unethical actions.

Can you be friends with the judge?

Yes, but under the ethics rules pertaining to each, neither can allow the personal friendship to to affect or interfere with either's ethical duties; i.e., the lawyer to his or her client or the judge to the administration of justice in any particular case.

Do judges and lawyers talk to each other?

Judges and lawyers, however, frequently socialize, especially at bar events. There is nothing illegal about having private conversations with judges, as long as you avoid any discussion about the cases before them.

Can judges and lawyers be Facebook friends?

Grappling with the meaning of social-media relationships, a divided Florida Supreme Court on Thursday said judges do not have to disqualify themselves from cases in which they are Facebook “friends” with attorneys involved in the cases.Nov 15, 2018

Can judges use social media?

Judges may use their real names and disclose their judicial status on social media, provided that doing so is not against applicable ethical standards and existing rules.

Are attorneys friends?

YES. Many times, the prosecutor and defense attorney are friends. They often work together, as in the same work location - the court, and have numerous professional dealings. They often have gone to school together as well.

Do judges confer with other judges?

A judge may consult with other judges or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities.

Can judges talk to other judges about cases?

Judges must be able to communicate with each other in order to maximize court resources, avoid conflicting decisions, prevent duplicative hearings, and minimize inconvenience to the parties. Canon 3 B(7)(c) of the Code of Judicial Conduct makes it clear that judges have the freedom to consult with other judges.

Who can talk to a judge?

To speak to the judge on your case, you must file a written motion with the court. You cannot write the judge a personal letter or email, and you cannot speak to the judge unless you are in a hearing.Dec 4, 2020

Can a judge do business?

(2) A judge may serve as an officer, director, active partner, manager, advisor, or employee of a business only if the business is closely held and controlled by members of the judge's family.Aug 7, 2017

Can a judge have an attorney as a friend in Facebook South Africa?

(b) No. There is nothing wrong with Judge Shore being Facebook friends with Grace and since he did not discuss the merits of the trial there is no appearance of impropriety.Nov 14, 2017

Can a judge be friends with an attorney in South Africa?

A judge does not act as advocate, attorney, or legal adviser but may give informal legal advice to family members, friends, charitable organisations and the like without compensation.

Do the conduct of judges and lawyers influence a divorce case?

The outcome of a divorce case is not limited to the conduct of the judges and lawyers but also their interaction beyond it. What happens between ju...

Do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge o...

Do divorce lawyers mislead clients?

Some divorce lawyers do mislead their clients as they have them believe that their case will go to trial, and then trick them into a settlement later.

Why do judges not force fathers to pay child support?

Family court judges have the power to send fathers to jail for not paying child support. Numerous judgments bear testimony to the fact that judges...

What is the process of personal injury?

Process And Scheduling. A personal injury case proceeds through phases, including initiating the case, discovery and motions, right through settlement and trial. And each phase has its own process and schedule. There are specific dates by which certain things must be done, like obtaining medical records and reports, depositions, ...

Is justice blind?

In any area of life, people have different perspectives and viewpoints on different issues. Justice may be blind, but human beings are imperfect, and we all have our own belief systems that affect our perceptions and behavior.

Jennifer Jane Clayton

From what you are saying, you might want to call the State Bar Association and report the husband's attorney . As for the judge, if he is truly friends with the husband, the general rule is that a judge shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

James Jenkins Mills

It sounds as if the attorney who represented your mother's husband may have had a conflict of interest. If he had previously represented your mother, he should not have taken on representation that was directly adverse to your mother (unless your mother waived the conflict of interest).

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What is child support order?

1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2.

Why do judges not report each other?

1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side.