A lawyer who previously served as a judge wants to represent a party to a matter they previously presided over. What is required?

A lawyer who previously served as a judge wants to represent a party to a matter they previously presided over. What is required?

• A. Informed consent of all parties in writing
• B. No special requirement
• C. Court approval
• D. The other party's consent only

Answer: (A)

The key idea is that when a lawyer has previously served as a judge on a matter, there is a potential conflict because of the judge’s personal and substantial participation in the case. To allow that lawyer to represent a party in the same matter, all parties must be informed about the conflict and consent to representation in writing. The consent must be explicit and documented, showing that each party understands the potential bias or appearance of impropriety and still agrees to proceed. This written, informed consent from every party ensures fairness and preserves public confidence in the judiciary. It isn’t enough to get consent from just one side, and it doesn’t require court approval. It also isn’t permissible to proceed with no special requirement.

The key idea is that when a lawyer has previously served as a judge on a matter, there is a potential conflict because of the judge’s personal and substantial participation in the case. To allow that lawyer to represent a party in the same matter, all parties must be informed about the conflict and consent to representation in writing. The consent must be explicit and documented, showing that each party understands the potential bias or appearance of impropriety and still agrees to proceed.

This written, informed consent from every party ensures fairness and preserves public confidence in the judiciary. It isn’t enough to get consent from just one side, and it doesn’t require court approval. It also isn’t permissible to proceed with no special requirement.