OPINION 78
November 1953

NEGOTIATIOTIONS WITH OPPOSITE PARTY—Plaintiff’s attorney, in litigation growing out of an automobile collision, may not communicate directly with defendant, sending a copy of the letter to defendant’s attorney and defendant's insurance carrier, offering to settle for a certain sum and advising that if the insurance company refuses to settle within policy limits, it must assume responsibility for a verdict in excess of policy limits.

Canon 9.

Question

In litigation growing out of an automobile collision, would it be a violation of the Canons of Ethics for the plaintiff's counsel to communicate directly with defendant, with copy to the attorney who represents defendant and defendant’s insurance carrier, offering to settle for a certain sum and advising that if the insurance company refuses to settle within policy limits, it must assume responsibility for a verdict in excess of policy limits?

Opinion

The committee is of the opinion that the above described conduct would be a violation of Canon 9, which prohibits a member from communicating in any way with a party represented by counsel. (9-1)