Below are the relevant federal statutes and examples of common violations that occur despite these legal restrictions.
Key Federal Statutes Prohibiting the Practice of Law
1. 28 U.S. Code § 453 – Oath of Justices and Judges
“Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office:
“I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
How This Relates to the Practice of Law
A judge who represents private clients, even informally, compromises their impartiality and violates this oath. Judges must remain neutral arbiters and not take sides in legal disputes outside of their courtroom.
Example of Violation
- A sitting federal judge privately advising corporations or law firms on litigation strategy, even outside the courtroom, would violate this statute.
- A judge helping draft contracts or legal arguments for friends or family would be acting as a private attorney, violating this oath.
2. 28 U.S. Code § 568 – Powers and Duties of United States Marshals
(c) Each United States marshal, and each deputy marshal, shall not receive any fees or perquisites for official services rendered and shall not engage in any business or occupation that interferes with the duties of his office.
How This Relates to the Practice of Law
U.S. marshals are responsible for law enforcement and security, making their neutrality critical. If a marshal were to moonlight as a legal consultant or participate in a law firm, it would create serious ethical conflicts.
Example of Violation
- A U.S. marshal partnering with a private attorney to provide security advice on legal cases, particularly for clients involved in criminal proceedings, would be a direct conflict of interest.
- A deputy marshal receiving payments for referring people to a law firm or influencing legal outcomes based on privileged law enforcement knowledge would be a violation.
3. 28 U.S. Code § 607 – Practice of Law by Justices and Judges
“A justice or judge appointed under this title shall not engage in the practice of law or engage in any other employment.”
How This Relates to the Practice of Law
This statute is straightforward: federal judges cannot be active members of a law firm, offer legal advice, or represent clients. Even outside employment unrelated to law is prohibited if it conflicts with judicial duties.
Example of Violation
- A federal judge owning shares in a law firm while ruling on cases involving that firm would be a direct violation.
- A judge secretly writing legal opinions or briefs for a private firm or corporation while sitting on the bench.
4. 28 U.S. Code § 955 – Practice of Law by Clerks and Deputies
“Clerks of the district courts and their deputies are prohibited from engaging in the practice of law.”
How This Relates to the Practice of Law
Court clerks handle sensitive legal documents and filings. If clerks were also practicing attorneys, they could manipulate case filings, delay documents, or offer insider knowledge to private clients.
Example of Violation
- A court clerk drafting legal motions for a private attorney while still employed by the court.
- A deputy clerk advising individuals on how to file lawsuits or motions, using their inside knowledge of court procedures.
Common Violations and Conflicts of Interest That Happen Often
Despite these strict laws, conflicts of interest continue to arise. Some of the most frequent violations include:
1. Judges Privately Consulting for Law Firms
- Some judges covertly assist law firms by offering legal advice to former colleagues or friends in the legal field.
- This creates an unfair advantage because law firms may gain insider judicial reasoning that regular litigants do not have access to.
2. Judges Owning Financial Interests in Law Firms
- Some judges maintain financial stakes in law firms, allowing them to profit from cases they might indirectly influence.
- This creates a serious conflict of interest, especially if those firms argue cases in their courtroom.
3. U.S. Marshals Colluding with Attorneys
- Some U.S. marshals leak sensitive information to attorneys in exchange for money or future employment at private security firms.
- This gives certain law firms an advantage by knowing how law enforcement plans to handle a case.
4. Court Clerks Delaying or Prioritizing Filings for Private Clients
- Some clerks intentionally delay filings for opponents while prioritizing cases for lawyers they have private relationships with.
- This can affect lawsuits, leading to unfair outcomes in high-stakes cases.
Conclusion: Why These Laws Are Necessary
The integrity of the judicial system depends on keeping judges, marshals, and clerks separate from private legal practice. Federal law prohibits them from engaging in the practice of law because:
✅ It prevents corruption – No one should be able to buy favorable treatment.
✅ It maintains impartiality – Public officials must focus on the law, not private interests.
✅ It protects public trust – If the legal system is compromised, justice cannot be fairly served.
Violations of these statutes happen more frequently than many realize, often behind closed doors. Enforcing these laws strictly is essential to ensuring fairness and justice in the U.S. legal system.
