Rule 3.5 Impartiality and Decorum of the Tribunal

Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are

specified in the Michigan Code of Judicial Conduct, with which an advocate should be familiar.

A lawyer is required to avoid contributing to a violation of such provisions.

During a proceeding a lawyer may not communicate ex parte with persons serving in an official

capacity in the proceeding, such as judges, neutrals, masters, or jurors, unless authorized to do so

by law or court order.

A lawyer may on occasion want to communicate with a juror or prospective juror after the jury

has been discharged. The lawyer may do so, unless the communication is prohibited by law or a

court order, but must respect the desire of the juror not to talk with the lawyer. The lawyer may

not engage in improper conduct during the communication.

The advocate’s function is to present evidence and argument so that the cause may be decided

according to law. Refraining from undignified or discourteous conduct is a corollary of the

advocate’s right to speak on behalf of litigants. A lawyer may stand firm against abuse by a

judge, but should avoid reciprocation; the judge’s default is no justification for similar

dereliction by an advocate. An advocate can present the cause, protect the record for subsequent

review, and preserve professional integrity by patient firmness no less effectively than by

belligerence or theatrics.