Is the attorney subject to discipline

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Reference no: EM133294179

Assignment:

• An attorney represented a respondent in proceedings instituted by a child protection services agency to establish the paternity of a child and to recover past due child support The mother of the child had refused to file a complaint, had refused to retain a lawyer, and in fact had asked that the agency not file any action whatsoever However, state law permitted the agency to commence paternity and support proceedings in its own name in such circumstances

• The attorney contacted the mother without the knowledge or consent of the agency or its lawyers The attorney identified himself to the mother as "an officer of the court" and told the mother that he was investigating the matter Based upon what she told him, the attorney prepared and the mother signed an affidavit truthfully stating that the respondent was not the father of the child

Is the attorney subject to discipline?

A) Yes, because the attorney acted without the knowledge or consent of the agency or itsl awyers.

B) Yes, because the attorney implied that he was disinterested in the matter.

Reference no: EM133294179

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