Opinion 355
Question Presented
Is it proper for an attorney when taking the deposition of an opposing party represented by counsel to advise the opposing party as to the law involved in the controversy when taking such party's deposition?
23 Baylor L. Rev. 896 (1972)
Canon 9
It is not proper for an attorney to advise the opposing party represented by counsel as to the law involved through the guise of a deposition. This applies even if such opposing party's counsel is not an attorney of record but is in fact the attorney for such opposing party. See Canon 9, also Opinions 130, 201 and 342.
An attorney should not advise an opposing party represented by counsel as to the law involved in the controversy through the guise of a deposition.
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 355 (1971)