## **Learning Outcomes**

After reading this article, you will be able to identify when political contributions by lawyers or law firms are prohibited in connection with obtaining government legal engagements or judicial appointments. You will understand the definitions of key terms, recognize exceptions, and apply these principles to MPRE-style questions.

## **MPRE Syllabus**

For the MPRE, you are required to understand the ethical restrictions on lawyers’ political contributions in relation to public service and system integrity. This article focuses your revision on:

- Recognizing when political contributions are prohibited for the purpose of securing government legal work or judicial appointments.
- Understanding the definitions of "political contribution," "government legal engagement," and "appointment by a judge."
- Identifying exceptions to the prohibition, including uncompensated services and neutral selection processes.
- Applying these rules to scenarios involving campaign committees and appointments.
- Distinguishing between proper and improper conduct regarding political contributions and legal appointments.

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

1. Which of the following is prohibited under the Model Rules regarding political contributions?  
   a) A lawyer donates to a judicial candidate’s campaign for personal political reasons.  
   b) A law firm donates to a judge’s campaign committee to increase the chance of being appointed as a special magistrate.  
   c) A lawyer provides uncompensated legal services to a government agency.  
   d) A law firm is selected for government work based on a competitive, merit-based process.

2. What is a "government legal engagement" for MPRE purposes?  
   a) Any legal work for a private client.  
   b) Any engagement to provide legal services that a public official can award.  
   c) Any appointment to a nonprofit board.  
   d) Any legal work for a political party.

3. Which of the following is an exception to the prohibition on political contributions to obtain appointments?  
   a) The appointment is made on a rotational basis from a list compiled without regard to contributions.  
   b) The lawyer is a close friend of the judge.  
   c) The lawyer’s spouse is a campaign donor.  
   d) The lawyer is a member of the same political party as the judge.

4. A law firm donates to a candidate’s campaign committee and is later awarded a lucrative government contract by that official. The contribution was made solely to obtain the engagement. Is this conduct proper?  
   a) Yes, because the donation was to a campaign committee.  
   b) Yes, if the engagement is for uncompensated services.  
   c) No, because the contribution was made to secure the engagement.  
   d) No, unless the law firm is the only qualified provider.

## **Introduction**

Lawyers and law firms often participate in the political process, including making campaign contributions. However, the Model Rules of Professional Conduct prohibit lawyers from making or soliciting political contributions for the purpose of obtaining government legal engagements or appointments by judges. This rule is designed to prevent improper influence and maintain public confidence in the integrity of the legal system.

> **Key Term: Political Contribution**  
> Any gift, loan, or thing of value given directly or indirectly to a candidate, incumbent, political party, or campaign committee to support election or retention in public office. Uncompensated services and contributions in initiative or referendum elections are excluded.
>
> **Key Term: Government Legal Engagement**  
> An engagement to provide legal services that a public official has the direct or indirect power to award. This does not include substantially uncompensated services, merit-based selections, or appointments made on a neutral, rotational basis.
>
> **Key Term: Appointment by a Judge**  
> An appointment by a judge to a position such as referee, commissioner, special magistrate, receiver, guardian, or similar role. Excludes appointments based on merit, experience, or made on a neutral, rotational basis.

### Prohibited Political Contributions

Lawyers and law firms must not accept a government legal engagement or judicial appointment if they have made or solicited a political contribution for the purpose of obtaining that engagement or appointment. This prohibition applies whether the contribution is made directly or through a political action committee or other entity controlled by the lawyer or firm.

- The rule targets "pay-to-play" arrangements, where contributions are exchanged for legal work or appointments.
- The prohibition covers both making and soliciting contributions for this purpose.

### Scope of the Rule

The prohibition applies to:

- Legal engagements awarded by any government official with the authority to select legal counsel.
- Appointments by judges to compensated positions, such as special magistrate or receiver.

The rule does **not** prohibit all political contributions by lawyers. It only applies when the contribution is made or solicited for the purpose of securing a government legal engagement or judicial appointment.

### Exceptions to the Prohibition

Certain contributions and appointments are not covered by the prohibition:

- **Uncompensated Services:** Providing legal services without substantial compensation is not considered a prohibited engagement.
- **Merit-Based Selection:** Appointments or engagements made based on experience, knowledge, professional qualifications, and cost after a request for proposal or similar process free from political influence are allowed.
- **Rotational Appointments:** Appointments made on a neutral, rotational basis from a list compiled without regard to political contributions are permitted.
- **Initiative and Referendum Elections:** Contributions in these elections are not covered by the rule.

### Campaign Committees and Indirect Contributions

The rule applies to contributions made directly by the lawyer or law firm, as well as those made through campaign committees or entities controlled by the lawyer or firm. The focus is on the purpose behind the contribution—if it is made to obtain legal work or an appointment, it is prohibited.

### **Worked Example 1.1**

A law firm donates \$10,000 to a judge’s campaign committee. Two months later, the judge appoints a partner from the firm as a special magistrate in a high-profile case. The appointment is not based on a neutral list or merit-based process. Is this conduct proper under the Model Rules?

> **Answer:** No. The law firm made a political contribution for the purpose of obtaining an appointment by a judge. The appointment was not made through a neutral or merit-based process, so the prohibition applies.

### **Worked Example 1.2**

A lawyer provides free legal services to a city agency and later applies for a paid contract with the same agency. The contract is awarded through a competitive process based on qualifications and cost, with no regard to political contributions. Is the lawyer’s conduct permitted?

> **Answer:** Yes. The engagement was awarded through a merit-based process, not as a result of a political contribution. The prohibition does not apply.

### **Exam Warning**

> Many MPRE questions test whether the contribution was made "for the purpose of" obtaining the engagement or appointment. The rule does not ban all political contributions—only those linked to securing legal work or appointments.

### **Revision Tip**

> Focus on the intent behind the contribution and the process by which the engagement or appointment was awarded. If the selection is neutral or merit-based, the prohibition does not apply.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- Political contributions made or solicited to obtain government legal engagements or judicial appointments are prohibited.
- The prohibition applies to both direct and indirect contributions, including those made through campaign committees or controlled entities.
- "Political contribution," "government legal engagement," and "appointment by a judge" have specific definitions for MPRE purposes.
- Exceptions include uncompensated services, merit-based selections, and neutral, rotational appointments.
- The rule targets "pay-to-play" practices, not all political contributions by lawyers.
- The intent behind the contribution and the selection process are critical for MPRE questions.

## **Key Terms and Concepts**

- Political Contribution
- Government Legal Engagement
- Appointment by a Judge

Public service and system integrity - Political contributions to obtain engagements or appointments