ISBA Ethics Opinions on Threatening Disciplinary Action

Opinion 95-12 | Communication With Represented Person | Threatening Disciplinary Action
Threatening disciplinary prosecution to gain advantage in ordinance violation matter and communicating with represented government party

The prohibition on threatening opposing counsel with disciplinary proceedings extends to ordinance violation as well as purely civil matters; lawyer prohibited from directly communicating with represented city officials concerning pending ordinance violation prosecution against lawyer's client but prohibition does not necessarily extend to communication concerning related controversy.
Opinion 87-07 | Threatening Disciplinary Action
Threat by current attorney against former attorney to coerce settlement

A lawyer should not threaten disciplinary action against a party who is a lawyer to obtain an advantage in a civil 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.

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