NUMBER 263 1928

Question. In the opinion of the Committee, is it professionally improper for a lawyer, who is a defendant in a suit brought by a husband, to accept and prosecute, while such suit is pending, an action for divorce brought by the wife against her said husband.

Would it make any difference in the Committee’s answer if the wife has announced as her reason for the employment of the attorney that he is out to ruin her husband, assuming that she has in fact a cause of action against her husband.

Answer. In the opinion of the Committee, the mere fact that a lawyer is a defendant does not necessarily make the acceptance of the employment improper, but, if his prejudices prevent him from giving the wife unbiased counsel, he should reject it. The ground asserted by the wife as reason for the employment, if brought to the attorney’s knowledge, should lead him to refuse it.


It is unworthy that a lawyer should accept employment with such motive, or so long as his client has such an understanding of his purpose.