ABA Opinion on Disciplinary Threats

ABA Formal Ethics Op. 94-383 (1994), which addressed the subject of threatening opposing counsel with a disciplinary complaint to induce a civil settlement, advised that this threat may not be made when the alleged misconduct raises a substantial question about opposing counsel’s honesty, trustworthiness or fitness as a lawyer, because in that situation the lawyer is ethically required to report the misbehavior under Model Rule 8.3.

The committee also said such a threat would be improper if the misconduct is unrelated to the civil claim, if the disciplinary charge is not well founded or if the threat ...