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Solo Practice

: Solo In Chicago

Threatening Attorneys with Disciplinary Action

By Peter Olson

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Chicago Lawyer had an interesting piece on this subject in the September issue (unfortunately it's not online). This issue is Rule 1.2(e) of the Illinois rules of professional conduct. Here's the text of the Rule:

(e) A lawyer shall not present, participate in presenting, or threaten to present criminal charges or professional disciplinary actions to obtain an advantage in a civil matter.

What's funny if you read the article with the cases cited, each case includes a lawyer accusing another lawyer of wrong-doing and then threatening to file an ARDC complaint against him. And of course the lawyer making the ARDC threat is the person who in the end gets in trouble with the ARDC for violating 1.2(e).

Now there's nothing wrong with filing an ARDC complaint against another lawyer and it happens with some frequency. Just don't do it to "obtain an advantage in a civil matter."

Full post as published by Solo In Chicago on September 11, 2008 (boomark / email).

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