LEO: Misrepresentation - Communication With  LE Op. 501

 

Misrepresentation - Communication With Adverse Party.

 

It is improper for an attorney engaged in civil litigation to send to the

Clerk of Court a copy of correspondence which he has written to opposing

counsel and in which he alleges that opposing counsel has breached a

representation made to the Court during the litigation, when the statement

is false and said attorney has made no effort to determine the

truthfulness or falsity of his statements.

 

It is improper for said attorney to send a copy of the correspondence

directly to the client of opposing counsel. [DR:1-102(A)(4), (5) & (6), DR:

7-104]

 

Committee Opinion February 1983