MPRE OUTLINE

REGULATION OF THE PRACTICE OF LAW

RULE: States regulate all aspects of the practice of law
 Duty to report serious ethical violations by other lawyers

RULE: States may restrict the practice of law to those who are members of the bar of that state
 Pro Hac Vice: ability to appear in a state where you are not admitted for the sole purpose of that particular
case (up to court’s discretion)

BAR ADMISSION
RULE: Criteria for admission to bar must have a rational relationship to fitness to practice law
 Educational and testing qualifications are allowed
 Citizenship qualifications are NOT allowed
 Good moral character qualifications are allowed
 Political belief restrictions are NOT allowed
o EXCEPTION: refusal to swear allegiance to constitution of U.S.
o EXCEPTION: actively affiliating with an organization, knowing of its illegal objectives, and with specific
intent to further those objectives
 Denying membership based on applicant giving false statements, concealing information, or failing to
answer legitimate bar questions is allowed

UNAUTHORIZED PRACTICE OF LAW

RULE: Only attorneys can appear in court
 EXCEPTION: students practicing under state student practice laws
 EXCEPTION: pro se representation (representing yourself)
o NOTE: corporations must ALWAYS be represented by a lawyer

RULE: Only lawyers can draft legal documents

 EXCEPTION: pro se drafting of documents
 EXCEPTION: lawyers may draft forms where non-lawyers fill in the blanks

RULE: Only lawyers can give legal advice

 NOTE: only applies to advice traditionally given by lawyers

RULE: Attorneys cannot aid a non-lawyer in activities that constitute the unauthorized practice of law
 EXCEPTION: can help a pro se non-lawyer represent himself/herself

RULE: Attorneys cannot practice in jurisdictions where they are not admitted
 EXCEPTION: attorneys can practice in a jurisdiction where they are not admitted if the case arises out of a
jurisdiction where they are admitted

RULE: Attorneys cannot share legal fees with non-lawyers

 EXCEPTION: can pay non-lawyer employees
 EXCEPTION: can make payments to the estates of deceased lawyers
 EXCEPTION: can share court-awarded attorney fees with non-profit organizations that employed or
recommended the attorney

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RULE: Attorneys CANNOT enter into a partnership with non-lawyers if any part of the partnership’s business is the practice
of law

DUTIES & RESPONSIBILITIES OF ATTORNEYS

RULE: Attorneys can be disciplined for several reasons:
 Violating a rule of professional responsibility
 Committing a criminal act that reflects adversely on an attorney’s honesty or trustworthiness
 Conduct involving dishonesty, fraud, or deceit
o NOTE: includes conduct outside the scope of practice of law
 Conduct prejudicial to the administration of justice
o Note: includes stating or implying the ability to influence a tribunal (even if no actual ability)
 Assisting a judge in violating the judicial code

RULE: Attorneys have a duty to make reasonable efforts to supervise subordinates and make sure they comply with the
rules of professional responsibility
 Note: includes lawyer AND non-lawyer subordinates

RULE: Attorneys have a duty to make independent judgments

 Note: No Nuremburg defense (“I was just following orders”)
o EXCEPTION: can follow instructions on debatable ethics questions if the conduct is reasonable

RULE: Attorneys are responsible for ethical violations of lawyer AND non-lawyer subordinates
 Supervising attorneys can be held responsible for a subordinate’s unethical behavior if a supervising attorney
orders or ratifies the conduct OR knows of the unethical behavior and does not act

FORMING ATTORNEY-CLIENT RELATIONSHIPS

RULE: Attorneys generally have no duty to accept representation
 EXCEPTION: duty to accept if attorney is court-appointed
o EXCEPTION: if representing client is likely to result in violation of law or disciplinary rule
o EXCEPTION: if representation would impose an unreasonable financial burden on attorney
o EXCEPTION: if the cause is so repugnant that it would interfere with effective representation

RULE: Attorneys MUST reject representation IF:

 Representation will result in violation of law or disciplinary rule
 Representation will require filing a frivolous claim or defense
o EXCEPTION: attorney can file a claim if he/she believes a good faith effort can be made to change the law
 The attorney is not competent to handle the matter
o EXCEPTION: attorney can take case if he/she believes he/she can become competent through adequate
study
o EXCEPTION: attorney can represent someone in a case and retain co-counsel to handle matters in which
the original attorney is not competent

ENDING ATTORNEY-CLIENT RELATIONSHIPS

RULE: Once a matter is in litigation, withdrawal requires court permission (ALL withdrawal rules are subject to this)

RULE: An attorney MUST withdraw representation if:

 It becomes apparent that the client’s primary purpose is to harass
 Representation would require a violation of a law or disciplinary rule
 Lawyer’s mental or physical health makes it unreasonably difficult to give effective representation
 The client fires the lawyer
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RULE: An attorney may withdraw representation if:
 Client pursues a course of action that the lawyer believes is criminal or fraudulent
 Client has used the attorney’s services to perpetrate a crime or fraud
 Client insists on pursuing an objective that the lawyer believes is repugnant or imprudent
 Client disregards an agreement concerning fees or expenses AND the lawyer gives the client reasonable warning
 Representation will result in an unreasonable financial burden on the lawyer OR has been rendered
unreasonable difficult by client
 Client freely agrees to withdrawal

RULE: When an attorney withdraws, he/she MUST:

 Give timely notice AND the opportunity for the client to get another lawyer
 Return all funds not used or expended
 Return all of the client’s papers necessary for future representation

DUTY TO AVOID CONFLICTS OF INTEREST

RULE: An attorney may not represent a client if the representation may be materially limited by the lawyer’s
responsibilities to another client, a third person, or the lawyer’s own interests UNLESS:
 The attorney reasonably believes that the representation will not be adversely affected AND
 The client gives informed consent (assume consent must be in writing unless otherwise stated)

RULE: If one attorney in an office is disqualified, all attorneys in the office are disqualified UNLESS:
 Disqualification is because of attorney’s own personal interests AND representation would not interfere with
representation by other lawyers in the firm OR
 Screening:
o Disqualified lawyer is screen and apportioned no part of the fee AND
o Former client is notified AND
o Certification of compliance is provided

DUTY TO AVOID CONFLICTS WITH CURRENT CLIENTS

RULE: A lawyer cannot sue a current client (even in an unrelated matter)

RULE: A lawyer may represent multiple parties to a lawsuit so long as he/she can represent them effectively AND they all
consent
 NOTE: An attorney representing multiple parties CANNOT participate in an aggregate settlement or guilty plea
UNLESS each client consents in writing after being informed of all agreements

RULE: A lawyer may act as a neutral third party IF:

 Attorney clearly explains his/her role
 Attorney doesn’t represent any of those individuals
 Attorney believes it is possible to represent all parties effectively

DUTY TO AVOID CONFLICTS BETWEEN ATTORNEY’S INTERESTS AND CLIENT’S INTERESTS

RULE: An attorney CANNOT solicit a substantial gift from a client or prepare an instrument giving the lawyer or a person
related to the lawyer a substantial gift from a client UNLESS the client is related to the lawyer

RULE: A lawyer CANNOT give financial assistance to a client in connection with contemplated or impending litigation
 EXCEPTION: a lawyer may pay court costs for indigent clients
 EXCEPTION: a lawyer may advance court costs to a client in a contingency case

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RULE: A lawyer may enter into a business deal with a client IF:
 Terms of transaction are fair and reasonable AND
 Terms are disclosed in writing in a manner the client can reasonably understand AND
 Client is advised in writing to seek the opinion of another attorney and given the opportunity to do so AND
 Client consents in writing

RULE: An attorney CANNOT acquire literary or media rights to a client’s story prior to completion of representation

RULE: A lawyer CANNOT acquire a proprietary interest in a cause of action or subject of litigation
 EXCEPTION: lien to secure a lawyer’s fees or expenses
 EXCEPTION: reasonable contingency fees

RULE: A lawyer CANNOT act as an advocate in a trial where he/she is likely to be a witness
 EXCEPTION: testimony relates to an uncontested issue
 EXCEPTION: testimony relates solely to the nature and value of legal services rendered
 EXCEPTION: where disqualification of the lawyer would result in a substantial hardship to the client

RULE: An attorney CANNOT have a sexual relationship with a client UNLESS a consensual sexual relationship existed
between them before the attorney-client relationship began

DUTY TO AVOID CONFLICTS WITH PAST CLIENTS

RULE: An attorney who has formerly represented a client in a matter CANNOT thereafter represent another person in the
same or substantially related matter in which that person’s interests are materially adverse to the interests of the
former client UNLESS the former client gives informed consent in writing

RULE: An attorney CANNOT knowingly represent a person in the same or substantially related matter in which a firm with
which the lawyer was formerly associated had previously represented a client
 Whose interests are materially adverse to that person AND
 About whom the lawyer acquired confidential information that is material to the matter UNLESS
o The client gives informed consent in writing

RULE: An attorney who has formerly represented a client in a matter OR whose present or former firm has formerly
represented a client in a matter CANNOT thereafter use information to the disadvantage of the former client or reveal
information relating to the representation EXCEPT as allowed by the model rules (duty of confidentiality is permanent)

DUTIES ASSOCIATED WITH REPRESENTING ORGANIZATIONS

RULE: An attorney who represents an organization represents the entity – not the directors, officers, or shareholders

RULE: In dealing with an organization’s officers, directors, and employees, the attorney MUST explain the identity of the
client if the lawyer knows or should know that the organization’s interests may conflict with the individual’s interests

RULE: If an attorney for an organization believes the entity is violating the law, the attorney should act as reasonably
necessary to protect the entity
 Steps an attorney should take:
1. Ask the entity to reconsider the matter
2. Refer the matter to higher authority within the organization
3. If the highest authority fails to take timely appropriate action, an attorney may report the information to
appropriate persons outside the organization as reasonably necessary to prevent harm to the
organization

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DUTY OF COMPETENCE
RULE: An attorney has a duty to provide competent representation to a client (MUST act with reasonable diligence)

DUTY TO KEEP THE CLIENT INFORMED

RULE: An attorney has a duty to keep his/her clients reasonably informed

DUTY TO KEEP CONFIDENCES

RULE: An attorney has a duty to not disclose or reveal confidential information EXCEPT as appropriate in representing the
client

RULE: Confidential information is any information an attorney learns relating to the representation of a client
 NOTE: includes information obtained from clients, prospective clients, or others

RULE: A lawyer may reveal confidential information relating to representation of a client if the lawyer reasonably
believes doing so is necessary to:
 Prevent reasonably certain death or substantial bodily harm
 Prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to
the financial interests or property of another AND in furtherance of which the client has used or is using the
lawyer’s services
 Prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably
certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the
client has used the lawyer’s services
 Secure legal advice about the lawyer’s compliance with the rules of professional conduct
 Establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client
 Establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client
was involved
 Respond to allegations in any proceeding concerning the lawyer’s representation of the client
 Comply with other laws or court orders
 If the client gives informed consent

RULE: An attorney cannot keep, hide, or alter the fruits or instrumentalities of a crime

RULE: An attorney who has knowledge that a client will or has committed perjury should:
1. Urge the client to rectify the fraud
2. If the client refuses, the lawyer must seek to withdraw
3. If withdrawal is denied, the lawyer should disclose the confidential information as is necessary to rectify the
fraud

DUTY TO PREVENT ABUSE OF THE SYSTEM

RULE: An attorney CANNOT bring a frivolous claim OR assert a frivolous defense

RULE: An attorney MUST make reasonable efforts to expedite litigation consistent with the interests of the client

RULE: An attorney CANNOT seek to influence a judge or jury in a manner prohibited by law

RULE: An attorney CANNOT engage in conduct intended to disrupt a tribunal

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DUTY OF CANDOR TO A TRIBUNAL
RULE: An attorney cannot make a false statement of material fact or law to a tribunal OR fail to correct a false statement
of material fact or law previously made to a tribunal

RULE: An attorney MUST disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent
act by the client

RULE: An attorney CANNOT offer evidence that the lawyer knows to be false

RULE: An attorney MUST disclose adverse legal authority that is on point and from the controlling jurisdiction

RULE: An attorney MUST inform the tribunal of all material facts in an ex parte proceeding

DUTIES OF PROSECUTORS
RULE: Prosecutors owe special duties:
 To ONLY prosecute where there is probable cause
 To make timely disclosure of ALL exculpatory evidence
 To make sure the accused has been advised of the right to counsel AND given a reasonable opportunity to obtain
counsel
 To not seek a waiver of rights from an unrepresented person
 To not subpoena another lawyer for a grand jury or other criminal proceeding UNLESS:
o The prosecutor reasonably believes that information sought is privileged AND
o The evidence is essential to the successful completion of the proceeding AND
o There is no alternative source of information
 To not make public statements that have a substantial likelihood of heightening public condemnation of the
accused
 If a prosecutor knows of new credible evidence creating reasonable likelihood that the defendant did not
commit a crime for which he/she was convicted, the prosecutor MUST undertake further investigation and
disclose the information to the defendant and the court

DUTY TO PROTECT THE CLIENT’S MONEY & PROPERTY

RULE: An attorney cannot comingle client funds and personal funds
 EXCEPTION: an attorney can comingle funds for the sole purpose of paying bank service charges, but ONLY the
amount necessary for that purpose

RULE: An attorney MUST keep a record of client funds for at least five years after representation

RULE: An attorney MUST keep a client’s property safe

RULE: An attorney MUST pay all money owed to a client promptly

FAIRNESS TO THE OPPOSING PARTY

RULE: An attorney CANNOT obstruct another person’s access to evidence OR unlawfully alter, destroy, or conceal a
document or other material having potential evidentiary value

RULE: An attorney CANNOT falsify evidence OR counsel a witness to testify falsely

RULE: An attorney CANNOT make a frivolous discovery request OR fail to comply with discovery in good faith

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RULE: An attorney CANNOT make a false statement of material fact or law to a third party

RULE: An attorney who receives a document relating to the representation of the lawyer’s client knows or reasonably
should know the document was inadvertently sent MUST promptly notify the sender

TRIAL TACTICS
RULE: An attorney CANNOT allude to any matter that is not supported by admissible evidence

RULE: An attorney CANNOT assert personal knowledge about the justness of a cause or personal knowledge of the facts
UNLESS the attorney is testifying as a witness

SCOPE OF REPRESENTATION
RULE: The client controls the ends and the attorney controls the means

RULE: The client controls:

 Whether to sue in civil cases
 Whether to accept a settlement in a civil case
 Whether to plead guilty in a criminal case
 Whether to waive a jury trial in criminal cases
 Whether to testify in criminal cases
 Whether to appeal

RULE: An attorney may limit the objectives of representation if it is reasonable under the circumstances AND the client
gives informed consent

REPRESENTING A CLIENT WITH DISABILITIES & REPRESENTING A CHILD

RULE: The attorney should try as much as possible to retain a normal client relationship

RULE: The attorney may seek appointment of guardian if the attorney believes the client cannot adequately represent
his/her own interests

LIMITING MALPRACTICE LIABILITY

RULE: An attorney CANNOT attempt to contractually limit malpractice liability
 EXCEPTION: the client is represented by another attorney in contractually limiting malpractice liability

RULE: An attorney CANNOT settle malpractice claims without advising the client in writing to see another attorney

PAYMENT FOR REPRESENTATION BY A THIRD PARTY

RULE: If an attorney’s representation is paid for by someone other than the client, the client MUST consent AND the
representation MUST NOT be interfered with (consent doesn’t need to be in writing)

VOLUNTARY PRO BONO WORK

RULE: An attorney MUST aspire to perform at least 50 hours of pro bono service per year

RULE: An attorney may serve as an officer, director, or member of a legal services organization, even if the organization’s
interests are adverse to the interests of the lawyer’s clients

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ATTORNEY AS ADVISOR
RULE: An attorney CANNOT counsel a client to engage in or assist a client in engaging in conduct that the attorney knows
to be criminal or fraudulent

RULE: An attorney can discuss the legal consequences of any proposed course of conduct with a client and may assist a
client to determine the meaning and application of the law

RULE: An attorney MUST give candid advice and may refer not only to the law, but also to moral, economic, social, and
political considerations

COMMUNICATION WITH NON-CLIENTS

RULE: An attorney CANNOT communicate directly with a person who the attorney knows is represented by a lawyer in the
matter UNLESS the other lawyer consents OR the court has permitted it

RULE: An attorney can communicate with someone who is not represented by counsel but CANNOT give legal advice OR
represent that the attorney is disinterested

COMMUNICATION WITH WITNESSES

RULE: An attorney can generally contact all witnesses (even witnesses for an opposing party)
 An attorney CANNOT harass any witness or prospective witness
 An attorney CANNOT encourage a witness to leave the jurisdiction to avoid testifying
 A non-expert witness can only be paid for expenses incident to testifying
 An expert witness can be paid a reasonable fee in addition to expenses incident to testifying
 NO witness can be paid on a contingency basis

COMMUNICATION WITH JURORS

RULE: An attorney CANNOT communicate with a member of the panel from which a jury will be selected

RULE: An attorney CANNOT communicate with a juror during trial EXCEPT during official court proceedings

RULE: An attorney can contact a juror after trial UNLESS prohibited by law OR if the jury indicates a desire to not be
communicated with
 NOTE: there must be no harassment or misrepresentation

COMMUNICATION WITH JUDGES & COURT PERSONNEL

RULE: Ex parte communications are NOT allowed except in emergencies

RULE: An attorney CANNOT give court personnel any gifts UNLESS doing so is normal social hospitality

RULE: An attorney CANNOT make statements that he/she knows are false OR make statements with reckless disregard as
to the truth to judges and judicial officers

COMMUNICATION WITH THE PRESS

RULE: An attorney CANNOT make a statement to the press that is reasonably likely to be publically disseminated if there is
a substantial likelihood that it will materially prejudice a judicial proceeding

ADVERTISING & SOLICITATION

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RULE: Attorneys CANNOT make false or misleading statements
 An attorney can communicate that he/she does or does not practice in a particular field
 An attorney can communicate that he/she is a certified specialist ONLY if he/she is certified by an accrediting
body AND that body is identified

RULE: Attorneys CANNOT engage in in-person solicitation of clients for profit (includes live telephone and real-time
electronic communication)
 EXCEPTION: an attorney can solicit business from other lawyers
 EXCEPTION: an attorney can solicit business from family members OR those with whom the attorney has a close
relationship
 EXCEPTION: an attorney can solicit business from a person the lawyer has a prior business relationship with

RULE: Attorneys cannot solicit if a prospective client makes it known that he/she does not want to be solicited

RULE: Attorney advertising is allowed if it is truthful and not deceptive

 NOTE: all attorney advertising and solicitation materials MUST say “advertising material” on beginning and end of
message or envelope

NAMING OF LAW FIRMS

RULE: Law firms can use names of deceased lawyers UNLESS doing so is deceptive

RULE: Attorneys MUST remove their names from the firm name if they enter public service

RULE: Law firms can use trade names if they are not misleading AND do not imply a false connection to government

RULE: The name of the firm CANNOT represent that there is a partnership if no partnership actually exists

INCORPORATION OF LAW FIRMS

RULE: Firms may incorporate if state law permits it AND all officers, directors, and shareholders are attorneys

BUYING AND SELLING LAW FIRMS

RULE: Law firms can be bought and sold IF:
 Seller stops practicing in that geographic or practice area AND
 Firm or field of practice is sold in its entirety AND
 Written notice and ability to find a new lawyer is given to clients AND
 There is no immediate increase in fees

FEES
RULE: An attorney’s fee MUST be reasonable
 Factors to consider:
o Time and skill required
o Extent of preclusion of other legal work
o Fee customarily charged for similar work in the area
o Amount charged
o Experience of the attorney
 Fees should be set out as soon as possible in the course of representation (preferably in writing)

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RULE: An attorney can charge a contingency fee IF the agreement is in writing AND the attorney notifies the client of the
client’s responsibility for expenses
 Criminal cases CANNOT be handled on a contingency basis
 An attorney cannot take a domestic relations case where the fee is contingent on divorce, amount of alimony, or
amount of property

RULE: An attorney can split fees with attorneys who are not in the same firm if:
 The division is in proportion to the services performed by each lawyer OR each lawyer assumes joint
responsibility for the representation AND
 The client agrees to the arrangement, including the share each lawyer will receive AND
 The agreement is confirmed in writing AND
 The total fee is reasonable

RULE: An attorney CANNOT enter into agreements that restrict the ability of him/her to practice after the termination of
their employment

DISQUALIFICATION OF JUDGES
RULE: A judge can be disqualified IF:
 The judge has personal knowledge of disputed evidentiary facts
 The judge served as a lawyer in the matter in controversy
 The judge has a financial interest in the case, including if a party or lawyer made a campaign contribution larger
than an amount designated by law
o Includes judge, judge’s spouse, children, parents, or family members living in judge’s home
o Does NOT apply to judges who share the same interests as everyone in the community
o Applies to legal and equitable interests
 The judge or a family member is involved in the case
o If the judge is a party or an officer, director, or trustee of a party
o If the judge is a lawyer in the proceeding
o If the judge has more than a de minimis interest that can be substantially affected
 Applies to relationships of the third degree EXCEPT cousins
o The judge is likely to be a material witness
 EXCEPTION: remittal (parties voluntarily allow judge to participate)
o Judge must disclose on record the basis for disqualification AND
o All parties must voluntarily agree for the judge to participate AND
o Agreement of the parties must be on the record
 EXCEPTION: rule of necessity (if all judges in a jurisdiction are disqualified, then any judge can hear the case)

JUDICIAL CONDUCT ON THE BENCH

RULE: A judge MUST comply with all constitutional, statutory, and procedural laws

RULE: A judge MUST require order and decorum in court proceedings

RULE: A judge MUST be patient, dignified, and courteous

RULE: A judge MUST perform judicial duties without bias or prejudice

RULE: A judge CANNOT engage in ex parte communications

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RULE: A judge MUST avoid and MUST require attorneys to avoid expressing bias based on race, origin, religion, gender,
age, disability, sexual orientation, or socio-economic status

RULE: A judge MUST dispose of all judicial matters promptly, efficiently, and fairly

RULE: A judge CANNOT commend or criticize jurors for their verdict EXCEPT in a court order or opinion

RULE: A judge CANNOT disclose or use any nonpublic information gained in a judicial capacity

RULE: A judge CANNOT make comments about any pending proceeding that can be reasonably expected to affect its
outcome

RULE: A judge CANNOT conduct an independent investigation of the facts

JUDICIAL CONDUCT OFF THE BENCH

RULE: A judge CANNOT engage in the practice of law

RULE: A judge CANNOT serve as a fiduciary

 EXCEPTION: a judge may serve as a fiduciary for a matter related to his family AND not likely to come before his
own court

RULE: A judge can serve in a charitable or civic organization if it does not reflect adversely on the judge’s impartiality
 The organization must NOT be for the financial or political gain of its members
 A judge CANNOT participate in fundraising or membership solicitation OR allow the prestige of the judicial office
be used for these purposes
 A judge CANNOT participate in an organization if the organization is likely to be involved in litigation that would
come before his court

RULE: A judge CANNOT hold membership in any organization that practices invidious discrimination based on race, sex,
religion, or nation origin

RULE: A judge CANNOT appear as a character witness unless subpoenaed or testify at a public hearing unless it concerns
the law or the legal system

RULE: A judge CANNOT engage in financial transactions that risk a conflict of interests
 EXCEPTION: a judge can serve as an officer in a family member’s closed corporation

RULE: A judge CANNOT accept and MUST urge family members to not accept gifts from those likely to appear before the
judge
 EXCEPTION: gifts with little intrinsic value
 EXCEPTION: gifts incidental to public testimonials from publishers or at bar related functions
 EXCEPTION: ordinary social hospitality
 EXCEPTION: loans from lending institutions that are in the regular business of loaning money and on the same
terms that are available to non-judges

RULE: A judge can receive compensation for their non-judicial conduct where permitted

RULE: A judge MUST comply with the law in all of his activities

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JUDICIAL POLITICAL CONDUCT
RULE: A judge and judicial candidates CANNOT:
 Hold office in a political organization
 Publically endorse or oppose candidates for office UNLESS it is for the same judicial office as the judge
 Make speeches on behalf of a political organization
 Attend political gatherings
 Solicit funds or make contributions to candidates for political office
 Seek or accept endorsements from political organizations
 Use court staff or facilities for their campaign
 Appoint someone to a salaried position if the person made more in a contribution than specified by law

RULE: A judge MUST resign from the bench if running for non-judicial office

RULE: In campaigning for election or retention to the bench, a judge CANNOT:

 Personally solicit or receive funds
 Make pledges or promises of conduct in office
 Knowingly represent his/her own qualifications or facts concerning an opponent

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