Sunday, June 3, 2007

Threatening Prosecution

The District of Columbia Bar's Legal Ethics Committee has issued an opinion interpreting D.C. Rule 8.4(g), which prohibits threatening to institute criminal proceedings solely to obtain an advantage in a civil matter. The rule has always been virtually unenforceable because of the sole motivation requirement. Bar Counsel would have to prove that aspect of the case by clear and convincing evidence. It is hard enough to prove motivation much less sole motivation. The opinion does collect the relevant authorities and suggests that the problem of proof that I mention should not be construed as a license to harass or abuse pro se opponents. (Mike Frisch)

June 3, 2007 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)