NYS Advisory Committee on Judicial Ethics – Assuming Judicial Office: Opinion 15-128

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New York State Advisory Committee on Judicial Ethics

Assuming Judicial Office

Winding Up Law Firm Affairs – Unavailable Former Partner

Opinion 15-128

Background: An attorney who is winding down his law practice prior to assuming a full-time judicial office states that his law partner will be unavailable for a period of time for medical reasons. He asks whether he may, after assuming judicial office, assist in the firm’s day-to-day administration until the judge’s former partner recovers or new counsel is hired. The attorney would be paying bills, accepting settlement checks, and dispose of the funds appropriately by depositing them, and issue checks to clients.

Opinion: The Committee concluded that a full-time judge whose former law partner is temporarily unavailable for medical reasons may accept and deposit fees, issue checks to clients and the firm and pay expenses as necessary to wind up the law firm’s affairs, until the partner recovers or new counsel is hired. However, the judge may not use law firm letterhead after assuming judicial office.