Multistate Professional Responsibility Exam Practice Question
While presiding over a negligence lawsuit, a judge’s assistant receives a phone call from the plaintiff’s attorney, who wishes to discuss details about the defense’s expert. The judge has not invited this call, and opposing counsel has not been alerted. Which step is best for the judge to take?
Give time for the attorney to share details and decide later how the defense receives them
Stay on the call and then direct the attorney to file new information in the official record
Call for an email summary, advising the attorney that the opposing side does not need this information yet
Refuse the phone call and clarify that substantive topics require both attorney teams or an open proceeding
A judge should avoid private discussions on substantive matters with one side, because an ex parte communication compromises impartiality and fairness. Declining the conversation and insisting that the discussion occur with both sides is consistent with these rules. The other suggestions allow or conceal a private exchange of information, which is improper. Judges must protect the appearance and reality of fairness by ensuring that all parties have an equal opportunity to present and respond to evidence or arguments.
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