Ethics Counsel

Ethics Opinion No. 123

Adopted October 30, 1936

The Board is in receipt of the following inquiry:

“Would it be proper for a member of the bar, who has no interest expressed or indicated, to send a letter in the nature of a brief to a member of the Supreme Court expressing his views on a case pending before the court, the letter to be written and delivered without the consent or knowledge of either of the attorneys of record in the case?”

In response:

Upon the plainest principle such an action would constitute conduct most reprehensible and would subject the member of the bar, not only to punishment in contempt proceedings at the instigation of the court, but also to a disciplinary action resulting in the infliction of a serious penalty.