Categories : Legal Ethics
The Ethical Implications of Threatening Criminal, Administrative, or Disciplinary Charges
By Richard Hendlin
This Ethics in Brief will review California Rules of Professional Conduct [CRPC] Rule 5-100 which makes it improper for a California lawyer to “threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.” (CRPC 5-100(A).) The term “administrative charges” means the filing or lodging of a complaint with federal, state, or local governmental entity which may order or recommend the loss or suspension of a license. (CRPC 5-100(B).) A “civil dispute” includes “an administrative proceeding of a quasi-civil nature pending before a federal, state, or local governmental entity,” including administrative hearings for professional licenses. (CRPC 5-100(C).)
