OPINION 355
March, 1971

COMMUNICATION WITH OPPOSING PARTY—An attorney should not advise an opposing party represented by counsel as to the law involved in the controversy through the guise of a deposition.

Canon 9.

Question

Is it proper for an attorney when taking the deposition of an opposing party represented by counsel to advise the opposing party as to the law involved in the controversy when taking such party's deposition?

Opinion

It is not proper for an attorney to advise the opposing party represented by counsel as to the law involved through the guise of a deposition. This applies even if such opposing party's counsel is not an attorney of record but is in fact the attorney for such opposing party. See Canon 9, also Opinions 130201 and  342.