Why Can't Be We Be Friends?

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In yet another clash between social media and lawyers, the Florida’s Judicial Ethics Advisory Committee has ruled that it is unseemly for judges to be Internet “friends” with lawyers who could have cases in their court.

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While I understand that protecting against the mere appearance of impropriety is of paramount importance to our judicial system, I am not sure that blanket banning of ” facebook friendships” is the route to go.

The truth is, that judges and practicing lawyers are colleagues. Do pictures of judges and attorneys together at fishing trips, bar functions, and cocktail parties give an appearance of impropriety?

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  • Nyamodi Ochieng-Nyamogo

    I submit,without conceding,that this must have its justification,if it be one,only in the old,and probably much maligned,adage that “familiarity breeds contempt”; or in the other that “the heart is willing but the flesh is weak”!!!

  • http://www.lawyer-advertising-blog.com Philip L. Franckel, Esq.

    This obviously only addresses what the public should be allowed to see. There is no prohibition against lawyers being friends with judges. Every lawyer has been in court before a judge who was friends with the attorney on the opposing side or with him or herself.

    There are various parties and functions given by both bar associations, law firms and companies where both lawyers and judges are invited. For instance, a friend of mine hosts a golf game for charity to which both lawyers and judges are invited where they play together and have dinner together afterwards.

    I am personal friends with some judges. One time, I advised my adversary of a personal relationship with the judge conducting a hearing and even though my adversary requested the judge to recuse himself, the judge refused. I consented in order to avoid an appeal.

    I have personal friends who told me that they could not link to me on Facebook because they are afraid of repercussions, but that doesn’t mean we are not friends.

    Prohibiting judges and lawyers from being friends on social websites is a double-edged sword. It is beneficial to prevent the public from thinking that anything improper between a judge in a lawyer may either help or hurt them, but it is also nothing more than an attempt to hide the truth.

    I don’t like hiding the truth, but without spending more time to consider this idea, I cannot yet form an opinion.

    Philip L. Franckel, Esq.
    LawyerAdvertisingBlog.com