Opinions of The general counsel, 0720 ALBJ, Vol. 81 No. 4 Pg. 306 (July, 2020)
| Author | Roman A. Shaul, J. |
| Position | Vol. 81 4 Pg. 306 |
Roman A. Shaul, J.
Judicial Titles are Not Portable–They stay with the Position, Not the individual
Each year the office of general counsel receives a number of questions from judges who are leaving the bench after a period of public service and seeking to reenter the private practice of law. one of the topics we have to counsel them on is their continued use of the term “judge.” as a general rule, upon re-entering private practice, the term “judge” should not be appear before an individual’s name anywhere on pleadings or even letterhead. although the office of general counsel believes that a judge’s prior service on the bench may be noteworthy and of general interest to prospective clients, there are limitations on the use of this moniker. The old adage that “once a judge, always a judge” is really a statement of social etiquette. The use of this phrase dates back to a long-standing British convention that judges generally are not allowed to return to the practice of law. Judiciary of england and Wales, becoming a Judge, http://www .judiciary.gov.uk (last visited may 29, 2020). Judges in the United states, including Alabama, are allowed to return to private practice after leaving the bench.
The professional conduct rules implicated in deciding the appropriateness of the term “judge” include rule 7.1 (communication concerning a Lawyer’s services), rule 7.5 (Firm Names and Letterheads), and 8.4(e) (misconduct). rule 7.1 provides, in pertinent, that A lawyer shall not make a false or misleading communication about the lawyer or lawyer’s services. a communication is false or misleading if it:…(b) is likely to create an unjustified expectation about the results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the rules of professional conduct or other law…
Rule 7.5 prohibits the use of letterhead that violates rule 7.1.
The majority of regulatory authorities, including the American bar association, have concluded that the use of the title “judge” in pleadings, office nameplates, and letterhead is misleading and likely to create an unjustified expectation about the results that a lawyer can achieve and exaggerate his or her level of influence. see American Bar Association, Fo 95-391 (April 24, 1995); Supreme Court of Ohio, op. 2013- 3...
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