85-F-89 - Vacated*

*Vacated by the Board of Professional Responsibility on September 11, 2015 due to changes in the law or rules.

FORMAL ETHICS OPINION 85-F-89


Inquiry is made concerning the ethical propriety of an attorney listening,
over a speaker telephone, or any other method or device, to a conversation
between his client and an adverse party without the knowledge and
consent of the adverse party.


Disciplinary Rule 7-104 of the Code of Professional Responsibility addresses the
attorneys' ethical responsibility in communicating with an adverse party.
Blacks Law Dictionary, Fifth Edition (1979) at Page 253, defines "communication" as
"information given; the sharing of knowledge by one with another ...."
Disciplinary Rule 1-102(A)(2) of the Code prohibits an attorney from circumventing his
ethical responsibility through the actions of another.
The attorney is personally responsible for the compliance of his ethical responsibilities.
All communications by an attorney with an adverse party must be direct and in full
compliance with the Code of Professional Responsibility, specifically DR 7-104(A)(1).
Any such communications by an attorney with an adverse party by subterfuge, through
the client over a speaker telephone or any other indirect mechanical or electronic methods
or device, without the knowledge and consent of the adverse party, is prohibited.
This 13th day of March , 1985.
ETHICS COMMITTEE:
W. J. Flippin, Chairman
Henry H. Hancock
Edwin C. Townsend
APPROVED AND ADOPTED BY THE BOARD