Legal Question in Criminal Law in New York

I am in the midst of settlement talks in a litigation. The other side's attorney has threatened that unless I agree to the terms of the settlement as he has dictated them, he told my attorney he would file a complaint with the local disciplinary committee against me (I am a retired attorney who had represented myself earlier in the litigation). I am not a criminal attorney but this sure sounds like extortion to me. What do you think?


Asked on 6/11/10, 5:46 pm

1 Answer from Attorneys

The Disciplinary Rules prohibit threatening a criminal complaint "soley to obtain an advantage in a criminal matter." See Rule 3.4(e). While a report to the grievance committee is different (and something any attorney has an obligation to do if he/she knows about improper conduct by another attorney), the comments to 3.4(e) on the New York State Bar Association web site say the use of threats in negotiation may constitute extortion. You may want to do some research in this area (and under the old Disciplinary Rule, which I believe was the same).

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Answered on 6/12/10, 5:10 am


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