Found out my OC is dating the Judge’s clerk… do I say something? I’m currently in the middle of a high-stakes litigation, and I just saw my opposing counsel and the presiding judge's law clerk out on a very obvious date. I don't want to be that person who complains. My partner says to let it go because we don't want to piss off the bench, but it feels like a massive ethical gray area.

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You’d be doing more damage to the law clerk, but maybe you should approach OC first. The clerk is likely in violation of the rules candor and say you have an ethical obligation to disclose.

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Do you think your partner is waiting to use this info later? Like closer to trial, bring it up so OC’s client needs to scramble to find new counsel last-minute?

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There is risk to the judge here — the law clerk functions as a representative of the judge and should not do what the judge cannot do. The judge cannot date an attorney appearing before them.

I would seek the advice of ethics counsel and inform the judge.

Approach OC as a courtesy first. They’ll speak with the clerk who should then have the conversation with their judge and transfer the case or ensure only the judge deals with this case going forward. Running to the judge without giving them a heads up or chance to address the issue is mean spirited.

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