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OBA Ethics Counsel

Ethics Opinion No. 110

Adopted June 19, 1936

The Board of Governors has been requested to indicate its views upon whether or not a member of the bar, could with propriety, agree to accept from a felon a part of stolen jewels in payment of his fee if the felon would disclose the hiding place thereof, the purpose of the member of the bar being, not to accept the jewels, but to notify the sheriff or county attorney of the facts, and in this manner secure the jewels for restoration to the rightful owner.

In response:

The Board of Governors is of the opinion that a member of the bar is not justified, under any circumstances, in planning to doublecross a person he engages to serve in the capacity of lawyer.

The larger public good to be served by preserving intact confidence between client and attorney is paramount to the effectuation of a particular good wrought by means that do violence to that confidence.