Also known as: de minimis gift · de minimis · trivial gifts · nominal gifts
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A nominal gift given as an expression of appreciation. The gift must not be intended or reasonably expected to serve as compensation for recommending a lawyer's services.
An interest so small that it does not require a judge's disqualification even though the interest holder could be substantially affected by the proceeding.
Each sense below has its own examples, sources, and questions.
A nominal gift given as an expression of appreciation. The gift must not be intended or reasonably expected to serve as compensation for recommending a lawyer's services.
Select any source to read its text and confirm it supports the definition.
An interest so small that it does not require a judge's disqualification even though the interest holder could be substantially affected by the proceeding.
Select any source to read its text and confirm it supports the definition.
Dustin Donovan sent a $25 gift card to a local real-estate agent who had mentioned Donovan's name to a client needing estate planning. Donovan made clear the card was only a thank-you and did not condition future referrals on any payment. The agent understood the card carried no expectation of continued recommendations.
A gift qualifies when it is nominal, given purely as thanks, and carries no expectation that the recipient will recommend the lawyer's services in exchange. The rule permits such gifts but prohibits anything of substantial value conditioned on referrals.
Supporting sources
Judge Diane Dawson owned five shares of a publicly traded defendant worth less than fifty dollars. The shares represented an insignificant fraction of her portfolio. Because the interest was de minimis, the judge concluded she need not recuse even though the outcome could affect the company's value.
No. A judge may remain on a case when the interest is so small that it could not reasonably affect impartiality, even if the interest holder stands to gain or lose from the outcome.
Supporting sources