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ETHICS OPINION 338-1936
NUMBER 338 1936
Question. 1. Is it proper professional conduct for an attorney assigned by the Court to defend a party in a noncapital criminal action in this state, to suggest directly or indirectly, to the defendant or his relatives, that compensation of some kind be given to such attorney for his services?
2. Is it proper professional conduct to accept compensation from the defendant or his relatives in such a case so assigned, if no suggestion in any manner is made by such attorney for compensation?
3. Regardless of whether it was a capital or a noncapital case in the above questions, would the answers be the same to an assignment of an attorney by a judge in the Federal courts of this state?
Answer. In the opinion of the Committee:
1. It is improper professional conduct for an attorney assigned by the Court to defend a party in a noncapital criminal action in this state, to suggest directly or indirectly to the defendant or his relatives that compensation of some kind be given to such attorney for his services.
2. It is improper professional conduct in such a case so assigned to accept compensation from the defendant or his relatives, even though no suggestion in any manner is made by such attorney for his compensation, unless prior to acceptance the attorney shall in writing report to the Court the proposed compensation and an order be entered permitting the acceptance of said compensation.
3. The answers would be the same in the case of assignments made by the Federal judges in this district.