ISBA Ethics Opinions on Threatening Criminal Prosecution

Opinion 20-03 | Threatening Criminal Prosecution
Referencing available statutory remedies in a demand letter that include both civil and criminal liability.

A demand letter written by a lawyer in an attempt to settle a civil claim may accurately set forth the relevant statute including the statute’s possibility of both civil and criminal liability. However, a demand letter should not threaten criminal prosecution in order to gain an advantage in a civil matter. Further, a lawyer should not state that criminal prosecution can be avoided by making payment (settling the claim) because such a statement would be an improper threat.
Opinion 12-01 | Threatening Criminal Prosecution
Lawyer's participation in presenting NSF check to state's attorney for prosecution on behalf of a client

Where a lawyer has filed suit to recover on an NSF check for a client, the lawyer cannot present or participate in presenting criminal charges to obtain an advantage in the civil aspects of the NSF check matter.
Opinion 93-05 | Threatening Criminal Prosecution
Reporting NSF check to local prosecutor
Opinion 91-29 | Reporting Lawyer Misconduct | Threatening Criminal Prosecution
Duty to report opposing lawyers threat against client to pursue criminal prosecution
Opinion 86-09 | Threatening Criminal Prosecution
Threatening referral to county prosecutor of NSF check matter

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.