• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lawyer ethics

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

MEH

Guest
Hi,

Does anybody know if it's ethical for the defendants lawyer
in a Title VII discrimination/retaliation suit to threaten
to counter sue the plaintiff unless the plaintiff agrees to drop the lawsuit? (the defendant's lawyer is unable to get the plaintiffs lawsuit dismissed)

If this sort of behavior is unethical, does anybody know of any recourse the plaintiff might have?

 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

In California:
Rule 5-100. Threatening Criminal, Administrative, or Disciplinary Charges
(A) A member shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.

(B) As used in paragraph (A) of this rule, the term "administrative charges" means the filing or lodging of a complaint with a federal, state, or local governmental entity which may order or recommend the loss or suspension of a license, or may impose or recommend the imposition of a fine, pecuniary sanction, or other sanction of a quasi-criminal nature but does not include filing charges with an administrative entity required by law as a condition precedent to maintaining a civil action.

(C) As used in paragraph (A) of this rule, the term "civil dispute" means a controversy or potential controversy over the rights and duties of two or more parties under civil law, whether or not an action has been commenced, and includes an administrative proceeding of a quasi-civil nature pending before a federal, state, or local governmental entity.

Discussion:

Rule 5-100 is not intended to apply to a member's threatening to initiate contempt proceedings against a party for a failure to comply with a court order.

Paragraph (B) is intended to exempt the threat of filing an administrative charge which is a prerequisite to filing a civil complaint on the same transaction or occurrence.

For purposes of paragraph (C), the definition of "civil dispute" makes clear that the rule is applicable prior to the formal filing of a civil action.

(It doesn't apply to civil suits)
 
B

buddy2bear

Guest
Opposing attorney might have said that he believed your lawsuit was frivilous and that when/if it is dismissed or you lost, he would file sanctions (to recover some of the cost of the employer to defend) against you and your attorney. This is permissible and the trend has been developing that way for the last several years.
 
M

MEH

Guest
Thanks for the replies.

To clarify - the defendants lawyer threatened to countersue the plaintiff for slander *in writing* if she refused to drop the suit in so I'm sure of what it says.

The countersuit she threatened to file seems baseless. For instance, she's threatening to sue the plaintiff over a letter to the editor that contained NO remarks that could even be interpreted as slanderous.

Again, the defendants attorney made on unsuccessful attempt to have the Title VII suit dismissed then resorted to these tactics.

I've had opposing advise on this issue and am trying to get clarification. Thanks again.

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top