All About Ex Parte Contacts with Judges

What trial lawyer wouldn't want to look over an article from Litigation magazine that ends with these conclusions about ex parte communications?

First, lawyers and judges often misunderstand the prohibition on ex parte communications, particularly with respect to the exception for scheduling and administrative matters. Second, even the most upstanding lawyers and judges do not consistently abide by the requirement that ex parte communications about bona fide scheduling and administrative matters be communicated promptly to other parties. Third, there is room for honest misunderstanding about those matters even among careful lawyers and judges.

Here's the full article: "It Depends on the Meaning of Ex Parte," by Jack M. Weiss (pdf). If you're a litigator, it's worth your time.

Comments

[Ron Miller]

I received a call yesterday from a judge I just admire a ton in Baltimore City. We chatted for a while about a few personal things of mutual interest and then discussed the scheduling of the case and a few other things about the case that really were not substantive. Still, I felt a little uncomfortable talking to him because I felt like it was "about the case." This article -which I just read today - made me feel better about the things that we talked about in that call.

Good post.

Ron Miller
www.millerandzois.com