In Re Complaint as to the Conduct of Smith

In this attorney discipline proceeding the accused is charged with violating DR 7-110(B), which prohibits ex parte contact by a lawyer and provides as follows:

“(B) In an adversary proceeding, a lawyer shall not communicate, or cause another to communicate, as to the merits of the cause with a judge or an official before whom the proceeding is pending, except:

“(1) In the course of official proceedings in the cause.

“(2) In writing if he promptly delivers a copy of the writing to opposing counsel or to the adverse party if he is not represented by a lawyer.

“(3) Orally upon adequate notice to…