CPR 125

CPR 125

Inquiry: Attorney A represents the husband-plaintiff in a simple, uncontested divorce action based on one year's separation. Defendant-wife accepts service of the summons and complaint.

1. May Attorney A who never sees or speaks to defendant-wife prepare for the defendant-wife an answer admitting all allegations in the complaint, which answer the plaintiff-husband will deliver to the defendant-wife for signing and filing?

2. If not, may Attorney A advise the plaintiff-husband if plaintiff-husband wants to prepare his wife's answer to the complaint?

Opinion:

1. No. See CPR No. 121 issued at the July, 1977 meeting of the State Bar Council.

2. No. For the husband to attempt to prepare an answer for his wife would constitute the unauthorized practice of law, and it would be unethical for Attorney A to be a party to such conduct on the part of plaintiff-husband.