Opinion 69

An attorney was appointed by the Court to act as Attorney Ad Litum for certain nonresident defendants who had been cited by publication in a Trespass to Try Title. Plaintiff was claiming title by limitation, all papers which could be checked appeared regular on their face, and upon a hearing judgment was entered for plaintiff and the attorney was awarded a nominal fee. Following the entry of such judgment, several of such nonresident defendants learned of the suit, contacted the attorney who had acted as Attorney Ad Litem, and furnished him with evidence which would be a defense to said claim of limitation title.

Based upon the foregoing state of facts, would it be a violation of any of the Canons of Ethics for such attorney to accept employment from said nonresident defendants, and to take such action as may be necessary to have the case reviewed and the judgment set aside?