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Opinion 20-03 |
Threatening Criminal Prosecution
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.
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Opinion 12-01 |
Threatening Criminal Prosecution
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.
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Opinion 93-05 |
Threatening Criminal Prosecution
An attorney may report the issuance of an NSF check to the State's Attorney's Office in circumstances where such reporting is not to obtain an advantage in a civil matter.
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Opinion 91-29 |
Reporting Lawyer Misconduct | Threatening Criminal Prosecution
- Mention of inclination to pursue criminal charges against husband by wife's attorney during negotiations for settlement of divorce is improper conduct.
- Recipient of threat not involving misconduct described in Rule 8.4(a)(3) and (4) from opposing counsel creates no obligation of reporting to ARDC
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Opinion 86-09 |
Threatening Criminal Prosecution
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.
