MBE Rules · Professional Responsibility
Contact with Judges and Jurors
Cal. Rule 3.5
The rule
Ex parte communication with judges on the merits and any communication with sitting jurors is prohibited; post-discharge juror contact is allowed in California unless the juror objects or it involves harassment.
In plain English
Lawyers are not allowed to communicate with judges about a case outside of formal court proceedings, as this could unfairly influence the judge's decision. Additionally, while communication with jurors during a trial is prohibited, lawyers can speak to jurors after they have been discharged, unless the juror objects or the conversation becomes harassing.
Worked example
Attorney Smith is representing a client in a civil trial. During the trial, he tries to speak with the presiding judge about the case in private, which is prohibited. However, after the trial concludes, he approaches a juror to discuss their experience, and since the juror does not object, this communication is allowed.
Memory hook
No whispers to judges, but jurors can chat once they're free!
The trap
Exams may present scenarios where a candidate must distinguish between permissible post-trial juror contact and prohibited pre-trial or trial communication, which can be confusing.
How examiners test it
Questions often test the nuances of when communication with judges and jurors is allowed, focusing on the timing and context of the interaction.
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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