ETHICS OPINION 221-1923

ETHICS OPINION 221

ETHICS OPINION 221

NUMBER 221 1923

Question. In the opinion of the Committee, is it proper professional conduct for the trial counsel of one party to submit to the judge of the Court, who is to preside at the trial, and in advance thereof and without the knowledge and consent of counsel for the adverse party, a trial brief setting forth a statement of facts, alleged by counsel to be the facts of the case, and the propositions of law alleged by him to be applicable thereto? Should not the judge, under such circumstances and under the prevailing rules of appropriate judicial conduct, refuse to receive and examine such trial brief, containing such ex parte presentation?

 

Answer. In the opinion of the Committee, no trial brief should be submitted to, or accepted by, the judge without the knowledge of the adverse counsel.