ETHICS OPINION 306-1933

NUMBER 306 1933

Question. A lawyer has a client who has numerous claims against various storekeepers throughout the City of New York, for advertising material and merchandise delivered, which claims average $10 each. The client has requested his attorney to serve a summons on each of such claims, thereby starting actions in the municipal courts of the City of New York; but the client does not wish the attorney to file the original summons in the Clerks’ Offices, thereby saving $1.50 filing fee for each summons. In no instance is it intended that a second summons shall be served upon any defendant who may not discharge his debt, without this original summons be properly filed and the fee therefor paid.

Would it be ethical for the attorney to have such initial summons regularly served and to desist from filing the original thereof in each instance?

Answer. A majority of the Committee is of the opinion that the plan suggested in the question is to be condemned as an improper use of the process of the Court.