ETHICS OPINION 365-1941

NUMBER 365 1941

Question. Is it professionally proper for a lawyer to bring an action for divorce on behalf of a person who, to the lawyer’s knowledge, is then living in adultery?

Answer. In view of the rule stated in Thompson v. Thompson, 127 App. Div. 296, the Committee is of the opinion that the answer in Opinion 106 should be overruled, and that as long as the rule of law stated in the Thompson case remains the law of this state, an attorney would not be guilty of professional impropriety in bringing an action for divorce in the circumstances stated in the question. The client should be advised that if the defendant should plead the plaintiff’s adultery as a defense to the action, such defense would bar a recovery by the plaintiff.