QUESTION: Attorney is representing Client in a traffic matter. Client has a friend who is a friend of the Judge. Client had her friend contact the Judge regarding the traffic violation. The Judge responded that he could not speak about the case. What are Attorney´s ethical violations concerning either mandatory or discretionary withdrawal? ANSWER: Attorney should advise Client to cease this type of activity and contact. If Client is willing to do so, Attorney may remain in the case. If Client is not willing to do so, Attorney must withdraw.

QUESTION: Attorney has three cases awaiting decision. The first was heard fourteen months ago and the others were heard approximately ten months before this opinion request. Would it be considered ex parte contact for Attorney to contact the judge directly, in person or by telephone, to see if a decision has been made on the cases? ANSWER: The proposed conduct constitutes impermissible ex parte conduct in violation of Rule 4-3.5(b).

QUESTION: Attorney represents a client in a judge-tried case. After the case is submitted, the judge contacts Attorney and indicates that the judge has decided to rule in favor of Attorney´s client. The judge instructs Attorney to prepare a draft judgment. Attorney prepares a draft judgment. Must Attorney send a copy of the draft judgment to opposing counsel at the time Attorney sends it to the judge? ANSWER: Yes. Unless the court has ordered that information be provided for in camera review and that it not be served on or shared with the opposing counsel or party, a copy of all written communications to the court should be served on opposing counsel. All oral communications should be in the presence of opposing counsel or outside opposing counsel´s presence with opposing counsel´s consent.