LEO: Filing Appeal Where Effect Is to Subvert  LE Op. 224


Filing Appeal Where Effect Is to Subvert Trial

Court Judgment.


April 27, 1973


It is not improper for an attorney to appeal an adverse unlawful detainer

warrant for a client (tenant), when the filing of the appeal will

necessarily defeat the intent of the lower court judgment, even if the

appeal is lost so long as the appeal is based upon the good faith judgment

of the attorney that the appeal is not devoid of merit. [See II: DR:7-

102(A)(1) and (2).]


Committee Opinion April 27, 1973