Legal Question in Business Law in California

Attorney - Professional Conduct? Legality of Actions?

Is the following proper conduct for an attorney who is a member of the State Bar of CA? We sent an invoice to a client and were contacted by her ex-husband attorney who has sent two emails threatening ''financial ruin'', ''filing a cross-complaint'' and lawsuits against both my company and me personally for ''wrongful acts'' if we fail to: a) provide information the client already has (written & oral agreements) and/or b) we send the invoice of approx $5k to collections at the appropriate juncture if the client chooses not to pay . I can't tell if this conduct is appropriate by reviewing the State Bar's website for what is ethical, legal and professional conduct. Moreover, there have been at least two well-documented material breaches of contract on the clients/his? part so far that seem to clearly demonstrate bad faith and an intent to not pay. From our perspective, we sent an invoice to a long-term client that isn't even late yet. Question A: Do we even have to respond to this guy? QB: Can he do as he alleges if we send the account to collections (if she doesn't pay)? QC: Wouldn't that be retaliating against us for billing our client? QD: Is this appropriate conduct for a CA attorney? QE: What should we do?


Asked on 1/15/08, 7:10 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Attorney - Professional Conduct? Legality of Actions?

The State Bar rules emphasize ethics rather than civility. Although there is some overlap between the concepts, it is certainly possible to be rude and ethical at the same time. A few attorneys have become somewhat successful at getting their way by bullying, and while I'm sure the Bar deplores this, it apparently has been unsuccessful at writing enforceable rules against.

Another problem is that one man's rude bullying is another's stern warning. One cannot tell until trial is over whether particular charges, however worded, are true or not.

The Bar is more concerned with content than tone of voice. For example, it is unethical for an attorney to threaten criminal prosecution to get an advantage in a civil dispute. It is unethical for an attorney, in most situations, to make direct contact with an opposing party he or she knows to be represented by counsel.

As I mentioned in my previous answer, at some point threats can border on, or become, extortion.

Finally, the mention of a cross-complaint continues to strike me as odd. Cross-complaints are filed by defendants in already-begun lawsuits. Is it possible someone HAS filed a suit here? Otherwise, I think this person making the threats is a bit odd, to say the least.

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Answered on 1/15/08, 10:21 pm


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