Dru Stevenson, Professor of Law

ABA Formal Opinion 522 (2026): Lawyer’s Duty to Disclose Judicial Disqualification Information — Summary, Analysis, and Context Date: April 2026 Author: Drury D. Stevenson, Professor of Law (Professional Responsibility) Overview of ABA Formal Opinion 522 The American Bar Association’s Standing Committee on Ethics and Professional Responsibility released Formal Opinion 522 on April 8, 2026. The opinion clarifies a lawyer’s ethical obligations when the lawyer possesses information that could reasonably require a judge’s recusal or disqualification . The core message: If a lawyer knows information that would likely trigger a judge’s disqualification, the lawyer has an affirmative duty to disclose it — unless doing so would violate Model Rule 1.6 confidentiality. Key Ethical Rules Interpreted Model Rule 8.4(d) Lawyers must not engage in conduct “prejudicial to the administration of justice.” Opinion 522 frames nondisclosure of known judicial conflicts as potentially prejudic...