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stopping lawyer's threats

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nrknlknek

Member
What is the name of your state? Illinois

A lawyer retained by a distant relative keeps threatening our family in connection with a judgment against another family member. Our family had absolutely nothing to do with the dispute that gave rise to the judgment, but the lawyer, for the past two years, has been threatening to bring citations to discover assets against us. We have nothning to hide and are willing to submit to the examination. We just don't want to live with the threats any longer. Is there a way we an force the issue by asking the Court to compel the lawyer to either assert the citations or quit?What is the name of your state?
 


Rexlan

Senior Member
Fastest and cheapest way is to report him/her to the Bar right now and send him/her a copy of the complaint. You won't get anyplace with it; however, it is a real PITA for him/her and he/she MUST respond to it. I think you will be left alone after you do.

I would also tell him/her to take a hike and get off you back, with the copy of your complaint. I would not submit to any examination or correspond with them unless directed to by a Court of proper jurisdiction. Proper jurisdiction being in your county of residence, not his/hers.

Look here:
http://www.iardc.org/
 

nrknlknek

Member
Thanks for the advice. We looked into Iardc but they are reputed to disregard any compalint that doesn't involve financial dishonesty by the lawyer and we have no reason to suspect him of that.
 

Rexlan

Senior Member
Generally they will not get into financial disputes; however, you have overlooked the point.

Just filing the complaint, which will likely go nowhere as I said, will be a PITA for the lawyer and an embarrassment. It only cost you a piece of paper and a stamp. The attorney will likely leave you alone thereafter.

The bar has no choice but to review the complaint and they are involved in much more that just financial dishonesty. If this attorney has threatened you with a law suit or in any other way that would be a very good basis for a complaint and an ethical violation.

You indicated that you are being harassed for enforcement of a judgment which you are not a party to. If this is actually true then this is unethical and worth review. But again, the bar is like a club and very reluctant to discipline their own except under the most abusive cases. You also need to be sure your facts are accurate.

It is, however, a pretty good club and I would use it. If the subject attorney knows he/she is out of line they will quickly stop the harassment.
 

dcatz

Senior Member
Rexlan – the OP did miss the point. With great chagrin, allow me to put this into context for the OP.

I once had a complaint filed against me with the State Bar. It was that, while serving as a pro tem judge in a non-jury trial, I had “smiled” at a particular bit of testimony. That was it – smiled. For the pro per litigant (who had stipulated to my hearing the case and also ended up being the losing plaintiff), it “logically followed” that I had “pre-judged the case and the evidence, was not impartial, had a closed mind to any other evidence and had rendered a biased verdict”. There was no basis for appeal, so nothing was left but to castigate the judge.

Of course, it had been his testimony and parts had been funny. If I had smiled, I showed considerable restraint and will-power, but no one even knew. The complaint had first gone to the presiding judge, and an ameliorating response had not mollified the litigant, who sent it on to the Bar, which eventually sent its own ameliorating response. The judgment was well-supported by law and evidence, but the point for the OP is that the complaint required reviewing the transcript with a microscope, writing multi-page letters (plural), wasting 30-40 hours of my time, and I have never smiled in public since that time – elective lip surgery. (No, I’m not a regular bench officer and am kidding about the last part, but the rest is true.)

The Bar is charged with investigating financial transgressions but, beyond that, a complaint to the Bar – any complaint - is a mighty hammer. One that involves improper, specious threats is going to get attention.
 

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