OPINION 161
September 1957

SOLICITATION -- STIRRING UP LITIGATION -- REVIVING CASES – An attorney may not solicit employment from another lawyer to aid the other lawyer in a specific case nor in one which the other lawyer has forgotten, but which the former lawyer feels may be revived.

Canons 24, 25, 39.

Question

Is it a violation of the Canons of Ethics for a lawyer to solicit employment from another lawyer on a contingent basis to aid or assist such other lawyer in:

1. A specific case?

2. A case that the other lawyer has lost and forgotten, but which the former lawyer feels can be revived and properly disposed of?

Opinion

All members of the committee are of the opinion that on the bare facts stated there would be a violation of the Canons of Ethics in both instances.

Such action was deemed to violate Texas Canon 24 against solicitation and Texas Canon 25 against stirring up litigation.

It was pointed out that the American Bar Association Committee in construing its Canon 27 (similar to Texas Canon 24) held: "Canon 27 recognizes no distinction between solicitation of business from the lay public or from other lawyers." However, it was also pointed out that solicitation of business from other lawyers could not be said to be prohibited in all rises, since Texas Canon 39 authorizes professional cards and professional listings designating the special branches of the profession practiced to be inserted in reputable law lists and law directories. (9-0)