In discussing a dispute with opposing counsel, we discussed a proposed resolution. The next day, he filed an injunction and got an ex parte order from the local trial judge without notifying either myself or my client that he intended to do so. Is that unethical?
The Pennsylvania Rules of Professional Conduct and the Code of Judicial Conduct prohibit ex parte communication except under extremely exceptional and exigent circumstances. Under Rule of Professional Conduct 3.5(b), a lawyer cannot communicate ex parte with a judge during a proceeding unless authorized to do so by law or court order.
