Opinion 101
Question Presented
Would it be a violation of the Canons of Ethics for plaintiff's attorney to write a letter to a person not represented by counsel who had been involved in an automobile collision with plaintiff, offering to settle plaintiff's claim for an amount within the limits of an insurance policy held by the addressee, suggesting that the addressee might escape personal liability by urging the insurance company to settle within policy limits, and suggesting, also, that the addressee consult his own lawyer?
18 Baylor L. Rev. 236 (1966)
NEGOTIATIONS WITH OPPOSITE PARTY - OFFER TO SETTLE
A letter, written by plaintiff's attorney to an unrepresented party who has been involved in an automobile collision with plaintiff, suggesting that the opposite party might escape personal liability by urging his insurance carrier to settle plaintiff's claim within the former's policy limits and also suggesting that he consult a lawyer is not improper.
Canon 9.
The committee is of the opinion that the situation presented in the above question would not constitute a violation of the Canons of Ethics. (6- 2)
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 101 (1954)