CPR 121

CPR 121

Inquiry: Is it ethical for the attorney representing the plaintiff in a divorce action, with the plaintiff's consent, to:

1. Send to the defendant the summons, together with copy of summons and copy of complaint, for acceptance of service in a divorce action where no minor children are involved?

Opinion: Yes.

2. Send to defendant summons, together with copy of summons and copy of complaint, for acceptance of service and, in addition thereto, send to defendant a form type answer that may be used in admitting the allegations of the complaint where no children are involved?

Opinion: No. EC 7-18; DR 7-104(A) (2).

3. Send to defendant summons for acceptance of service, together with copy of summons and copy of complaint, and send to defendant an answer admitting the allegations of the complaint, suggesting that she may sign it, appearing in her own person, and verify it and return it to be filed to thus speed up the granting of a divorce where no children are involved?

Opinion: No. EC 7-18; DR 7-104(A) (2).

4. Draft a consent order concerning custody and support of children and sent to defendant in a divorce action summons for acceptance of service, together with copy thereof and copy of complaint and consent order concerning custody and support of children, suggesting that defendant, if the defendant finds the papers acceptable, may sign all of the papers and return them to be filed without the expense of engaging counsel?

Opinion: No. EC 7-18; DR 7-104(A) (2).

5. Permit the defendant to pay the balance of his fee in an uncontested divorce action to enable plaintiff to go forward and obtain a divorce?

Opinion: Yes. If the attorney has no role in inducing the defendant to pay such fee.