MBE Rules · Professional Responsibility
Former Judges and Neutrals
Cal. Rule 1.12
The rule
A former judge, arbitrator, or mediator may not represent anyone in a matter in which she participated personally and substantially, absent all parties' informed written consent; screening protects the firm.
In plain English
A former judge, arbitrator, or mediator cannot represent clients in cases they were directly involved in unless all parties agree in writing. If they join a new firm, that firm can protect itself from conflicts by screening the former judge from the case.
Worked example
A former judge who presided over a custody case cannot represent either parent in a subsequent appeal of that case unless both parents provide written consent. If the judge joins a law firm, the firm can implement screening measures to prevent the judge from being involved in the appeal.
Memory hook
No second chances for former judges—consent is key!
The trap
Exams may present scenarios where students overlook the requirement for informed written consent, leading to incorrect assumptions about representation.
How examiners test it
Questions often test the nuances of consent and screening, requiring candidates to identify when a former judge can ethically represent a client.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6