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OBA Ethics Counsel

Ethics Opinion No. 75

Adopted July 27, 1934

The Board is in receipt of the following request for an advisory opinion:

"A is employed by the Federal Land Bank to examine titles submitted for loans. He is paid by the bank for such service.

(a) Is it proper for A to solicit the owner of the title, for employment in quieting the title to his property, and to take such employment?

(b) Will such action on the part of the attorney subject him to the criticism of finding flaws in the title for the purpose of increasing his law practice?"

In response to (a):

It would be quite improper for A to solicit and accept the employment referred to. Such action would merit the imposition of disciplinary measures upon A. See Rule of Professional Conduct 29.

In reponse [sic] to (b):

It certainly would. A member of the bar should refrain from creating a condition which would tend to bring reproach upon the profession.