NUMBER 204 1922

Question, A is an attorney at law, B is the defendant in an action for separation. In said action B’s wife has moved for alimony pendeme lite and has secured from the Court a very large award. B comes to A’s office, brought there by a friend of A’s, without previous notice to A. B represents to A that the large award made to his wife on the said motion is due to mistaken tactics on the part of his attorney of record.

Is there anything unprofessional in A’s consulting with B about the matter and giving his opinion as to the feasibility of moving for a reargument of the motion?

Is there anything unprofessional in A’s making a charge for his services in such consultation?


Answer. In the opinion of the Committee the conduct suggested is improper. The second counsel should not advise without the knowledge of the first attorney and his consent so long as he remains attorney in the case.