The Judge's Relative is Affiliated with Counsel of Record: The Ethical Dilemma

Authors

Leslie W. AbramsonFollow

Abstract

This Article examines various aspects of the ethical dilemmas judges face when assigned to preside over a case in which a relative is affiliated with counsel or record. It discusses relevant federal and state ethical standards including the appearance of partiality, the relative-lawyer's interest, and the disclosure of the relationship by judge and waiver. It then addresses the application of the standards in case law and other situations through the relative-lawyer's law firm position either as a partner, non-partner, or public attorney. The last part proposes supplemental Code or Commentary language for consideration by state and federal courts and legislatures.

Recommended Citation

Abramson, Leslie W. (2004) "The Judge's Relative is Affiliated with Counsel of Record: The Ethical Dilemma," Hofstra Law Review: Vol. 32: Iss. 4, Article 7.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol32/iss4/7