Q: Dear Ethics Lawyer, A judge has had an important motion under advisement for 22 months. I fear he may have misplaced or forgotten about it and may need a prompt. My client is also quite impatient and does not understand the delay. May I call the judge, or stop by chambers to inquire if and when a decision will be made, or if anything additional is needed from the parties? Are there other approaches that are appropriate?
A: Model Rule 3.5(a) states that a lawyer shall not communicate ex parte with a judge “during the proceeding unless authorized to do so by law or court order.” This rules out the call or casual stop-by. The Ethics Lawyer recommends that you attempt to enlist your opposing lawyer for a joint call or stop-by or a joint email or letter, as that will also deflect (or at least distribute) any annoyance the judge may have for being asked about the delay in doing their job. Even better, perhaps a joint call to the judge’s bailiff or clerk would do the trick. If the opposing counsel (who may not be as anxious to get the ruling) is not up for it, that leaves you with the option of a written inquiry or request for a status conference, appropriately copied to your opponent to avoid the ex parte contact.