Ex Parte Communications with the Court and Others
- A lawyer should avoid ex parte communication on the substance of a pending case with a judge before whom such case is pending.
- Before making an authorized ex parte application or communication to the court, a lawyer should make diligent efforts to notify the opposing party or a lawyer known or likely to represent the opposing party and to accommodate the schedule of that lawyer to permit the opposing party to be represented on the application. A lawyer should make an ex parte application or communication (including an application to shorten an otherwise applicable time period) only where there is a bona fide emergency that will result in serious prejudice to the lawyer’s client if the application or communication is made on regular notice.
- Attorneys should notify opposing counsel of all oral or written communications with the court or other tribunal, except those involving only scheduling matters.
- A lawyer should be courteous and may be cordial to a judge but should never show marked attention or unusual informality to the judge. A judge should be referred to by surname in court. A lawyer should avoid anything calculated to gain, or to have the appearance of gaining, special personal consideration or favor from a judge.