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Thursday, September 11, 2008

Threatening Attorneys with Disciplinary Action

Chicago Lawyer had an interesting piece on this subject in the September issue (unfortunately it's not online). This issue is Rule 1.2(e) of the Illinois rules of professional conduct. Here's the text of the Rule:

(e) A lawyer shall not present, participate in presenting, or threaten to present criminal charges or professional disciplinary actions to obtain an advantage in a civil matter.

What's funny if you read the article with the cases cited, each case includes a lawyer accusing another lawyer of wrong-doing and then threatening to file an ARDC complaint against him. And of course the lawyer making the ARDC threat is the person who in the end gets in trouble with the ARDC for violating 1.2(e).

Now there's nothing wrong with filing an ARDC complaint against another lawyer and it happens with some frequency. Just don't do it to "obtain an advantage in a civil matter."


At 9:06 AM, Blogger bestonline323 said...

I agree filing an ARDC against another lawyer to obtain an advantage in a civil matter, i think is ridiculous. I had a problem and He didn't seem remorseful so I filed a complaint with ARDC;

Dear Sir or Madam;
In the enclosed letter from [Private], dated December 12, 2003, Mr. [Private] directly threatens me with civil and criminal prosecution for filing a complaint with the Illinois Department of Professional Regulation. I believe my ?good faith? complaint is protected under, 225 ILCS 60/24, and therefore his threats where meant solely to obtain an advantage in a civil matter, (which I believe to be a violation of the Rules of Professional Conduct.)right?

Thank you in advance,
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