Opinion 78
Question Presented
In litigation growing out of automobile collision, would it be a violation of the Canons of Ethics for the plaintiff's counsel to communicate directly with defendant, with copy to the attorney who represents defendant and defendant's insurance carrier, offering to settle for a certain sum and advising that if the insurance company refuses to settle within policy limits, it must assume responsibility for a verdict in excess of policy limits?
18 Baylor L. Rev. 229 (1966)
NEGOTIATIONS WITH OPPOSITE PARTY
Plaintiff's attorney, in litigation growing out of an automobile collision, may not communicate directly with defendant, sending a copy of the letter to defendant's attorney and defendant's insurance carrier, offering to settle for a certain sum and advising that if the insurance company refuses to settle within policy limits, it must assume responsibility for a verdict in excess of policy limits.
Canon 9.
The committee is of the opinion that the above described conduct would be a violation of Canon 9, which prohibits a member from communicating in any way with a party represented by counsel. (9-1)
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 78 (1953)