NUMBER 229 1924

Question. In an undefended divorce action brought by a wife, an interlocutory decree of divorce has been entered. Before the final decree, husband and wife together call upon the wife’s attorney without the previous knowledge or procurement of the latter, and the husband offers to pay the attorney the amount of his fees previously agreed upon between the wife and her attorney, the payment to be deducted as a credit from a debt owing from the husband to the wife. The attorney from his previous investigation of the facts has been and remains satisfied that the offense was not collusive. He is also satisfied that the proffered payment will not impair the husband’s ability to pay alimony for the support of the wife and a child.

In the opinion of the Committee may the attorney without impropriety accept the husband’s offer, made with the approval of the wife, and proceed to enter the final decree?


Answer. In the opinion of the Committee, no professional impropriety is disclosed in the question.