New York City Bar Association – Formal Opinion 2015-5: Whether an Attorney May Threaten to File a Disciplinary Complaint Against Another Lawyer

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New York City Bar Association – Formal Opinion 2015-5: Whether an Attorney May Threaten to File a Disciplinary Complaint Against Another Lawyer:

This is a thoughtful opinion on when a lawyer can ethically threaten another lawyer with disciplinary charges. Obviously, it is governed by New York law, not Illinois law.  Illinois rule 8.4(g) provides that: “It is professional misconduct  for a lawyer to present, participate in presenting, or threaten to present criminal or professional disciplinary charges to obtain an advantage in a civil matter.“

My advice on this issue is never to threaten any charges against anyone. There is a risk of a claim of extortion or a violation of Rule 8.4(g). If the misconduct is really serious, a lawyer must report it to the ARDC.

Edward X. Clinton, Jr.

‘via Blog this’

Published by eclinton

B.A. University of Chicago, 1988, J.D. Harvard Law School, 1991, Clerk to the Honorable Michael S. Kanne, United States Court of Appeals for the Seventh Circuit, 1991-1992, Mayer Brown 1992-1996, Katten Muchin 1996-97, The Clinton Law Firm, 1997 -. I practice in the areas of commercial litigation, legal malpractice and legal ethics.

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