OPINION 69
March 1953

EMPLOYMENT—ATTORNEY AD LITUM—An attorney appointed Attorney Ad Litum by the Court for nonresident defendants cites by publication in a Trespass to Try Title, may, upon being contacted by the defendants and furnished with evidence which would be a defense to plaintiff's claim of limitation, following the entry of judgment for plaintiff, accept employment from the defendants and attempt to have the case reviewed and judgment set aside.

Canon 6.

Question

An attorney was appointed by the Court to act as Attorney Ad Litem for certain nonresident defendants who had been cited by publication in a Trespass to Try Title. Plaintiff was claiming title by limitation, all papers which could be checked appeared regular on their face, and upon a hearing judgment was entered for plaintiff and the attorney was awarded a nominal fee. Following the entry of such judgment, several of such nonresident defendants learned of the suit, contacted the attorney who had acted as Attorney Ad Litem, and furnished him with evidence which would be a defense to said claim of limitation title.

Based upon the foregoing state of facts, would it be a violation of any of the Canons of Ethics for such attorney to accept employment from said nonresident defendants, and to take such action as may be necessary to have the case reviewed and the judgment set aside?

Opinion

It is the view of this committee that it would not be a violation of any of the Canons of Ethics for such attorney to accept employment, and to take whatever whatever action may be necessary to see that the interests of such nonresident defendants are fully protected. (9-0)