publications_unodc_commentary-e

4.12 A judge shall not practise law whilst the holder of judicialoffice.CommentaryMeaning of “practice law”172. The practice of law includes work performed outside of a court and that hasno immediate relation to court proceedings. It includes conveyancing, giving legaladvice on a wide range of subjects, preparing and executing legal instrumentscovering an extensive field of business and trust relations, and other affairs. For ajudge to be employed full-time, during a sabbatical year, in a branch of thegovernment as a special adviser on matters related to courts and the administrationof justice, may amount to “practising law”. Views about the scope of thisprohibition vary according to different local traditions. In some civil law countrieseven judges serving in a final court are allowed to perform work as arbitrators ormediators. At times, in anticipation of retirement, a judge in a common law countryhas been permitted to participate in remunerated work as an international arbitratorin a body established by a foreign government.Acting as an arbitrator or mediator173. Ordinarily, at least in common law jurisdictions, a judge should not act asarbitrator or mediator or otherwise perform judicial functions in a private capacityunless expressly authorized by law. The integrity of the judiciary is commonlythought to be undermined if a judge takes financial advantage of the judicial officeby rendering private dispute resolution services for pecuniary gain as an extrajudicialactivity. Even when performed without charge, such services may interferewith the proper performance of judicial functions.Legal advice to family members174. A judge should not give legal advice. However, in the case of close familymembers or close friends, the judge may offer personal advice on a friendly,informal basis, without remuneration, while making it clear that he or she must notbe treated as giving legal advice and that, if necessary, any legal advice neededshould be professionally sought.114