Real estate cases involve contracts, transactions, titles, property boundaries, and landlord-tenant disputes, all of which require clear, unbiased interpretation of the law.
A judge’s role is to evaluate the facts without influence from outside relationships. When a real estate attorney has a personal connection to the judge assigned to the case, that relationship can raise questions about fairness, even when there is no intent to influence the outcome.
Why a Prior Relationship Creates Concerns
Real estate attorneys often work closely with lenders, brokers, developers, municipalities, and community organizations, which can place them in overlapping circles with members of the judiciary.
A casual friendship, past professional collaboration, or even repeated social interaction can create the perception that the attorney holds sway in the courtroom.
In real estate disputes, where every detail can shift a property’s value or alter contractual obligations, the slightest hint of favoritism can erode trust. Even if the judge believes they can remain neutral, the appearance of influence is enough to spark concern from opposing parties.
Judicial Ethics and Professional Responsibilities
Judges must follow strict ethical rules that require them to step away from any case where their impartiality could be questioned.
Likewise, attorneys have a professional responsibility to recognize when a personal tie could affect how a case is viewed. When a real estate attorney knows the judge, the relationship must be evaluated carefully.
The attorney should determine whether the connection requires disclosure, or whether recusal may be the better path. Ignoring the issue can lead to complications later, such as challenges to the judgment or claims that one party received treatment that was not available to the other.
What Attorneys and Clients Should Do
When an attorney realizes they know the judge assigned to a real estate case, the first step is to speak openly with the client.
The client has a right to understand any relationship that could shape how the case proceeds. The attorney can then determine whether a disclosure to the court is needed or whether a recusal request is appropriate.
Courts appreciate transparency. Addressing the issue at the start prevents delays, protects the legitimacy of the process, and gives all parties confidence that the dispute will be handled fairly.
Why This Is Important for Real Estate Outcomes
Real estate litigation can influence ownership rights, financial obligations, development plans, and investment strategies.
When a judge and an attorney share personal ties, that connection introduces questions that can complicate the case. By acknowledging the relationship and addressing it proactively, attorneys help preserve the integrity of the proceedings and support a process grounded entirely in the law.
Fairness sits at the center of every real estate dispute. Recognizing and resolving potential conflicts early strengthens both the case and the system that supports it.
The Minchella & Associates Difference
With over 40 years of experience in Illinois real estate law, Erica Minchella has represented thousands of home sellers and buyers, landlords, and commercial and investment property owners.
For more information, schedule a consultation today.
