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Opinion 57

18 Baylor L. Rev. 220 (1966)

NEGOTIATIONS WITH OPPOSITE PARTY

An attorney may not send a joint letter to the adverse attorney and his client stating that a compromise is possible and should be discussed even where the adverse attorney has refused to consult his client about a settlement.

Canon 9.

QUESTION
Is it a violation of the Canons of Ethics, where the adverse attorney has refused to consult his client about a settlement, for the other attorney to send a joint letter to the adverse attorney and his client stating that a compromise was possible and should be discussed?

OPINION
The committee is of the opinion that such joint letter would be in direct violation of Canon 9, which prohibits a member from in any way communicating with a party represented by counsel, and which enjoins him to deal only with his counsel.

One member is further of the opinion that such joint letter violates the portion of Canon 7 which reads: "Efforts direct or indirect, which in any way encroach upon the practice of another member are unworthy of those who shall be members of the State Bar." (9-0)

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