sunEthics

Judge recently appointed to bench may receive contingent fee for legal work performed before taking office  [Added 6/8/09]

Before being appointed to judicial office Judge handled several legal matters on a contingent fee basis.  Judgments were obtained but not satisfied.  Judge asked the Florida Supreme Court's Judicial Ethics Advisory Committee whether it would be ethical to receive fees for legal work performed before assuming the bench if payment was to be made on any of the outstanding judgments.

The Committee answered in the affirmative.  "As long as the fee is properly calculated based upon legal services the judge performed on behalf of the client prior to assuming the bench, and the applicable requirements of The Florida Bar Rules of Professional Conduct are satisfied, no impropriety appears, and the judge may collect a fee.  However, the judge may not provide legal assistance to a former client with regard to seeking satisfaction of a judgment.  See Canon 5G of the Code of Judicial Conduct ('A judge shall not practice law.'); see also JEAC Op. 05-19 (judge may not discuss former clients' cases with their new lawyers except as to matters which would not constitute the practice of law)."  Judicial Ethics Advisory Opinion 2009-09.

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