Ethics Opinion 101aNEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion
Opinion #101(a) – 12/05/1969 (27-69)
communication, opposing party, trustee
Topic: Direct communication with adverse party
Digest: Lawyer trustee in bankruptcy may cause orders and formal notices to be served directly on bankrupt
Canon: Former Canon 9
May a lawyer trustee in bankruptcy cause orders and formal notices to be served directly on bankrupt instead of on bankrupt’s attorney alone?
The Committee’s Opinion #101 held that a lawyer trustee in bankruptcy was a party adverse to the bankrupt and that it was improper for such trustee to bypass the attorney for the bankrupt.It was not intended by that opinion to hold improper the direct service on the bankrupt of notices, orders of the court or other papers which are required by law or court order, to be served on the bankrupt personally. Copies of all such papers should also be delivered to the attorney for the bankrupt.