By Lazar Emanuel [Originally published in NYPRR January 2004] In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third party with administrative penalties or criminal prosecution in order to recover a civil claim?
Threatening criminal prosecution in an effort to gain some advantage in civil litigation can be abuse of process and extortion. For example, in Miguel Mendoza v. Reed Hamzeh (2013) 215 Cal. App. 4th 799, attorney Hamzeh was seeking to recover money owed to his client by Mendoza. By Lazar Emanuel [Originally published in NYPRR January 2004] In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third party with administrative penalties or criminal prosecution in order to recover a civil claim? Duty to report opposing lawyers threat against client to pursue criminal prosecution: Opinion # 91-29 Threatening referral to county prosecutor of NSF check matter : Opinion # 86-09 ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. PHILIPSBURG, CENTRE COUNTY, Pa (WTAJ)– A Philipsburg Borough Councilwoman is facing scrutiny after being accused of threatening protesters and making comments–some view as racist–on Facebook May 06, 2020 · More than 40 public companies are pledging to return money to the government's small business coronavirus fund now that Treasury Secretary Steven Mnuchin is threatening criminal prosecutions for
Opinion 94-5 – The Florida Bar
If the person threatening criminal prosecution has a legitimate claim for civil restitution, the key element of wrongful intent may be absent. A relationship between the civil claim and the threatened criminal charges may also insulate the lawyer and the client from the criminal charge of compounding a crime according to the ABA opinion.
Wisconsin Lawyer: Wisconsin's New Rules of Professional
Texas Center for Legal Ethics - Respect for Rights of Using or threatening to use the civil, criminal, or disciplinary processes to coerce a complainant, a witness, or a potential witness in a bar disciplinary proceeding is an implication that lawyers can manipulate the legal system to their personal advantage. Creating such false impressions is an abuse of the legal system that diminishes public Penal Code 422 PC - Criminal Threats - California Law Jul 22, 2020 Illinois Attorneys Cannot Threaten To Report Opposing Jun 26, 2015 Opinion 94-5 – The Florida Bar