Ezel / Ethics Opinions / JUDICIAL-AL

Could a judge sue former clients for attorney fees earned before taking the bench?

Short answer The Commission said a judge could seek the same legal remedies in court as other citizens, including a suit for unpaid fees from the judge’s former practice.
Bar
JUDICIAL-AL
Issued
March 30, 1981
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1981. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A district judge asked about suing former clients for unpaid attorney fees earned before taking the bench, with representation by a former partner or associate.

The Commission said a judge could seek redress through the courts as another citizen could. It found nothing in the Alabama Canons of Judicial Ethics barring the judge from using the same legal remedies available to other citizens.

Currency note

This opinion was issued in 1981, after the Alabama Supreme Court’s 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.

Common questions

Q: Did the Canons prohibit the proposed fee suit?

A: No. The Commission said the judge could seek legal remedies through the courts like other citizens.

Background and rules framework

The opinion discusses the Alabama Canons of Judicial Ethics generally and cites no numbered canon.

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

81-112
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 30, 1981
The Judicial Inquiry Commission has considered your request for an opinion regarding whether a District Judge may file a lawsuit to collect unpaid attorney fees from clients he represented while engaged in the private practice of law. The judge would be represented in these proceedings by a former law partner or associate. It is the opinion of the Commission that a judge may seek the redress of the courts as may any other citizen. The Alabama Canons of Judicial Ethics do not prohibit a judge from seeking the same legal remedies available to other citizens through the courts of this State. Sincerely, JUDICIAL INQUIRY COMMISSION

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