NUMBER 233 1925

Question. A is charged by B with an offense. A employs a lawyer C to defend him. The offense charged involves a telephone conversation between A and D, in whose office B is a clerk. Having received from A his version of the conversation, the lawyer C, in advance of the trial, seeks and obtains an introduction to D, tells him that he is acting in A’s interests, and asks for and receives D’s version of the conversation. Is there any professional impropriety or breach of taste in the conduct of the lawyer C?


Answer. In the opinion of the Committee, there is no professional impropriety in C’s seeking to obtain the facts from D, providing he has no improper ulterior purpose, which is not disclosed in the question.