ETHICS OPINION 205-1922

ETHICS OPINION 205

NUMBER 205 1922

Question. A and B are husband and wife. B has commenced an action against her husband for absolute divorce and it is to be assumed that she has ample evidence to support her charges. She has obtained a judgment against her husband for moneys loaned and also holds stock in one of his former companies. An attorney, representing the husband, has made the following suggestion, namely, that if the plaintiff will waive alimony, will cancel the judgment and surrender the stock, the defendant will not defend the action and will return certain letters and photos received from the plaintiff. Is there any reason why such an arrangement cannot be made?

Answer. The Committee believes that an agreement not to interpose a defense in a divorce action is against public policy, and, therefore, is of the opinion that agreements between the parties based upon such a consideration should not be made by the parties nor countenanced by the attorneys.