UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 94-12
May an attorney, at a judge's request, review and comment upon a matter which the judge has pending or under advisement if the attorney is not representing a party in the case or is not involved in the case in any way? What obligation does such attorney have to notify the attorneys involved in the case that he was consulted by the judge?
Opinion:
The ethical rules do not prohibit the attorney's complying with the judge's request. The attorney is under no obligation to notify the parties under Rule 8.4(g) as this is the judge's responsibility under 3(A)(4) of the Code of Judicial Conduct.