Ethics Opinion 101NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion
Opinion #101 – 05/02/1969 (7-69)
bankruptcy, communication, opposing party, trustee
Harmonized by #101(a)
Topic: Direct communication with adverse party
Digest: Direct communication with bankrupt by lawyer trustee in bankruptcy is improper
Canon: Former Canon 9
May an attorney who has been appointed a Trustee in bankruptcy communicate directly with the bankrupt concerning his assets, or must he communicate only with the bankrupt’s attorney?
Canon 9 provides: “A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.”A Trustee in bankruptcy represents the creditors and is necessarily a party adverse to the bankrupt. Accordingly, it is improper for a Trustee who is an attorney to bypass the attorney for the bankrupt.