Legal Question in Construction Law in California

Re: practicing law

I'd say yes. Although it is not the duty or responsibility of a judge presiding over a case to give legal advice or education to the parties before him or her, or to their lawyers, I see no legal or ethical reason why it cannot be done, within limits. For example, I have seen and heard judges advising self-represented parties what to do next procedurally to keep the case flowing smoothly; on the other hand, if a judge were to suggest to an in pro. per. party that a motion for summary judgment might be a good idea, that would clearly be overstepping the bounds of propriety.

I myself was once arguing that a certain course of action by my adversary was fraudulent. The judge told me, "Doesn't sound like fraud so much as slander of title." That offhand remark gave me a fresh and useful approach to the case. Was it legal advice? Probably not intended as such, but it had that effect. Improper? Absolutely not!

Judges have to be neutral, but this does not preclude giving parties suggestions that will move a case along procedurally to a prompt and just conclusion. And neutrality certainly does not preclude a judge from lecturing a party or attorney who has made a dumb mistake.