Of use, of criminal proceedings to obtain a civil advantage. Unlike rule 7-104, Rules of ProfessionalĬonduct, the American Bar Association rule only prohibits the use, or threat
EARMASTER PRO TORRENTY SERIES
Same subject matter addressed in a series of California cases disciplining attorneysįor conduct equivalent to the crime of extortion.
EARMASTER PRO TORRENTY CODE
Rule 7-104 is similar to American Bar Association Code of Professional Responsibility,ĭisciplinary Rule 7-105(A), 1 and relates to the He present or participate in presenting criminal, administrative or disciplinaryĬharges solely to obtain an advantage in a civil matter." Or disciplinary charges to obtain an advantage in a civil action nor shall "A member of the State Bar shall not threaten to present criminal, administrative Subject to the Rules of Professional Conduct? A. With such charges, is it counsel's duty to discourage the client from doing so even though the client is not
That the client decides to proceed to file administrative charges on his own and/or to threaten the defendant Matter on favorable terms? Second, may counsel assist the client in filing an administrative or disciplinaryĬomplaint under circumstances where that fact is not communicated to the defendant? Third, in the event The attorney merely advise the defendant or the defendant's attorney of the client's intent to bringĪdministrative or disciplinary charges without making an express threat or demand for resolution of the civil This rule which are not directly addressed by the rule which require interpretation. By its terms, rule 7-104, Rules of Professional Conduct, prohibitsĪn attorney from (1) threatening to present criminal, administrative or disciplinary charges to obtain anĪdvantage in a civil action, and (2) from presenting or participating in presenting criminal, administrative orĭisciplinary charges solely to obtain an advantage in a civil matter. Result in the loss of the defendant's license. The attorney that he intends to immediately file a complaint with the appropriate licensing agency which could The client is sophisticated in the operation of the state licensing authority and advises The Committee has been asked to interpret rule 7-104, Rules of Professional Conduct, in a situation whereĪ client involved in a civil dispute as a plaintiff requests that counsel assist the client in bring administrativeĬharges against the defendant for violation of state licensing statutes and regulations which govern theĭefendant's activities. Rule 7-104, of the Rules of Professional Conduct of the State Bar of California. Prudent course of conduct is to postpone any action until the civil matter has been concluded.
When in doubt about the propriety of the proposed action, the most To obtain an advantage in a civil action but may assist the client in presenting such charges if there existsĪ legitimate reason for doing so. Licensing complaint against an adverse party pending resolution of a separate civil matter? DIGEST:Īn attorney may not threaten to present administrative or disciplinary charges against an opposing party What are the ethical responsibilities under rule 7-104 when representing a client who intends to file a PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. There, you can also link to the text of the current rule. Please refer to the California Rules of Professional Conduct Cross Reference Chart for a table indicating the corresponding current operative rule. State Bar Ethics Opinions cite the applicable California Rules of Professional Conduct in effect at the time of the writing of the opinion.
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