1973, May, Pg. 25. ETHICS.

2 Colo.Law. 25

The Colorado Lawyer

1973.

1973, May, Pg. 25.

ETHICS

25Vol. 2, No. 7, Pg. 25ETHICSClass actions; solicitation of professional employment. Digest:

A lawyer should not contact a non-client directly or indirectly for the purpose of being retained to represent him for compensation. A lawyer may accept but shall not seek employment from persons contacted by his client for joinder in class actions, or those having similar interests in litigation, provided that such persons have been approached by the client and have been made to understand that they may be represented by a lawyer of their own choosing. If the nature of the litigation is such that the client may likely contact others as parties, the lawyer must insist to the client that the client tell each prospective party that he is free to engage his own attorney. A lawyer, upon being contacted by any prospective party solicited by his client, shall advise such party that he may employ his own attorney.

FactsAn attorney is retained by an organization to represent the organization and its members in opposing certain water claims. The attorney would be asked to file statements of opposition for all persons similarly situated or affected by the filing. The attorney prepares and mails on his letterhead a letter advising each person of the existence of the claim and urging that action be taken to oppose the application. With each letter is sent a verified statement of opposition to be signed by each interested party, there appearing on the statement of opposition the name of the attorney, presumably representing all opponents to the filing.

OpinionIt is the opinion of the committee that the activity of the attorney is a clear violation of Disciplinary Rule 2-104(A)(5):

"If success in asserting rights or defenses of his client in litigation in the nature of a class action is dependent upon the joinder of others, a lawyer may accept, but shall not seek, employment from those contacted for the purpose of obtaining their joinder."

Ethical Consideration 2-3 provides that a lawyer should not contact a non-client, directly or indirectly, for the purpose of being retained to represent him for compensation.

It is not improper for a lawyer to advise his regular clients of new statutes, court decisions and administrative rulings which may affect the client's...