If the lawyer becomes uncivil, or threatens action he knows he cannot take, such as threatening criminal charges, that would be unethical. * This will flag comments for moderators to take action.
It’s always important to take a threat seriously and do what you need to do to protect your safety. If someone threatens you or your loved one, do your best to remain calm and follow the tips above.
An attorney cannot use threats against someone to gain an advantage in a civil matter. However, the attorney can warn that person that he is about to file a lawsuit to resolve a matter. * This will flag comments for moderators to take action.
Being seriously threatened with bodily harm is not only scary, it can be confusing. Whether you know the person making the threat or not, it may be difficult to assess when a threat requires you to take action to protect yourself. Also, credible threats can be made electronically through social media, which adds to the potential confusion.
If you’re not able to diffuse the situation or you legitimately feel afraid for your safety, the next step is to get a restraining order. You’ll do this by going to your local police department and providing evidence to prove that you’ve been threatened.
Never deal with a threat on your own. Even if you’re not ready to call the authorities yet, make sure your talk to someone about what’s going on. Show them the threatening messages and make sure they know who the person is that’s threatening you.
When someone threatens you or a loved one, the way you react can vary from becoming angry and confrontational to feeling fearful and unsure of what to do next. The truth is, the way you handle yourself when this happens can have a major impact on the rest of your life. Here’s what you need to know.
If you have any reason to believe a threat is credible, you’ll want to report it to the police.
If the threat is more abstract, take a deep breath and figure out exactly what you’re dealing with. First, is the threat credible? This means that the threat is real, serious, and that the person has the ability to carry out the threat.
Note that a threat can be made verbally or in writing and can occur in the form of a letter, phone call, email, message, or social media post. Any kind of threat is illegal, especially if it involves physical harm.
In many cases, the aggressor may be arrested and may face assault charges. This is usually a misdemeanor, but if it’s serious, it could result in jail time.
Mr. Marshall is spot on. The only thing I would add is that, as a former prosecutor, these are often very tough cases to prove at trial as they are word crimes which are always subject to interpretations. More
Penal Code 422, criminal threats, is a "wobbler" that can be charged as a misdemeanor or a felony. As a felony, is carries up to three years in state prison, and a misdemeanor has a maximum of a year.
New York is a “one-party” state, meaning that a private conversation can be recorded if at least one party to the conversation consents to the recording. In your case, you were a party to the conversation; and you consented to the recording. As long as you and the other party were located in “one-party” states, no crime was committed.
You should report this to the grievance committee. As to the legality of the recording, NY has a one-party consent law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Clients lie to attorneys all the time. The attorney/client privilege exists so that clients will tell the truth and attorneys can defend them properly, but sometimes it is not in the client’s interests to tell some or all or any of the truth. And that is why the attorney is an advocate, and not a fact-finder.
That being said, most defense attorneys want to hear the truth . Facts are powerful and few people realize that lying to your attorney makes it several times more difficult to properly defend you.
If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing.
An attorney cannot use threats against someone to gain an advantage in a civil matter. However, the attorney can warn that person that he is about to file a lawsuit to resolve a matter.
It is permissible for an attorney to write a demand letter and say that he will file suit if you don't pay the demand, but after that, he ought to just sue or shut up. You don't have to meet him personally, and you probably should not. If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing. You can also hire an attorney to represent you in this matter, and that will put a stop from the attorney's contacting you at all. Good luck.
Sometimes an in-person meeting is a good way of resolving disputes without resorting to a lawsuit. That being said, in the situation you describe, the aggrieved party should at least consult with an attorney to go over the specifics, the background, the evidence and then options and recommendations. It will be worth the cost of the consultation fee.
It is not unethical to threaten a lawsuit if you refuse to negotiate a settlement. You, or whoever is receiving the message should offer to consider any demands, but let the lawyer know you are uncomfortable meeting, if you are. If the lawyer becomes uncivil, or threatens action he knows he cannot take, such as threatening criminal charges, that would be unethical.
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