May a judge teach civil trial practice to associates of one law firm in an after-work session?
Apply this to your situation
This page answers the general question as of 1988. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge was invited to teach young law firm associates about civil trial practice in District Court after work. The firm would provide dinner, with no other payment.
The Committee relied on Canon 4A’s permission for legal teaching, subject to judicial duties and impartiality, and Canon 2B’s concern about appearing to grant special influence. It found no appearance of favoritism if the judge remained reasonably available for similar invitations from other lawyers or firms and taught this firm only occasionally.
On those conditions, the Committee permitted the session and dinner.
In practice
The opinion permits an occasional firm training session with comparable availability to others and the stated dinner.
Common questions
Q: Must the judge accept every other invitation?
A: The opinion requires reasonable availability for similar invitations, not automatic acceptance.
Q: Could frequent exclusive sessions with the firm be covered?
A: No. The permission assumes only occasional participation with this firm.
Q: Was dinner itself disqualifying?
A: No. The Committee found it did not adversely reflect on impartiality in this context.
Background and rules framework
The opinion applies the then-cited Maryland Code of Judicial Conduct, Canons 2B and 4A, to a judge’s teaching for one law firm.
Citations and references
- Maryland Code of Judicial Conduct, Canons 2B and 4A.
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1988-02
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1988-02
Date of Issue: August 25, 1988
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Under Particular Circumstances, Judge May Lecture at Training Session of Attorneys in Law Firm
A judge has inquired as to the propriety of speaking “at an after-work training session for young associates” of a law firm. The training session would focus “on civil trial practice in the District Court.” The only payment involved would be a dinner that evening prior to the start of the training program.
Under the conditions noted in this opinion, we believe that such an activity is permitted by the Code of Judicial Conduct. Canon 4A of the Code allows a judge to “speak, write, lecture, and teach on ... legal ... subjects ... if so doing does not interfere with the proper performance of judicial duties [and] does not reflect adversely upon the judge’s impartiality.” Canon 2B admonishes a judge not to “convey or permit others to convey the impression that they are in a special position to influence judicial conduct.” So long as the judge remains reasonably available to accept similar invitations from other lawyers or law firms, and the judge’s participation with this one law firm is only occasional, no appearance of favoritism arises. Nor does the acceptance of a dinner in this context adversely reflect upon the judge’s impartiality.
Within the constraints indicated above, the Committee is of the opinion that the judge may participate in the training session.
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