Opinion Number 559
“I would appreciate your consideration of, and a reply, at your earliest convenience, to the problem which I set forth below.
I represented Mrs. A and obtained a judgment in her favor against Mr. B in the sum of $1,000., which is still unpaid.
Sometime thereafter, I was retained by a Mr. C, landlord of Mr. B. Up to that time, I had never represented Mr. C and there was no connection of any kind between Mr. C and Mrs. A.
In the proceeding of C versus B, B made a sworn statement that he had an asset worth many thousands of dollars Pursuant to an order of the Appellate Term, he was required to retain this asset for the benefit of Mr C. Mr. C’s claim will amount to about $1,500. and the asset is supposed to be worth over $10,000.
I state in all frankness that until I was retained by Mr. C., I was under the impression that Mr. B was judgment proof. I no longer represent Mr, C.
Would it be ethical for me to attempt to collect the judgment in favor of Mrs. A. prior to the completion of the proceeding of C versus B?”
“We think that we must assume under the facts that the lawyer involved would not have obtained the information about B’s assets except through his representation of C and of course Canon 37 prohibits any conduct that would be injurious to C. We nevertheless see no objection to the lawyer pressing A’s judgment subject to C’s rights, which are presumably vested under the Appellate Term order.”
January 31, 1968