QUESTION
Can the opposing attorney in a civil matter threaten me during mediation? When i say threaten I mean viciously threaten me
Asked on Jan 08th, 2022 on Civil Litigation - Florida
More details to this question:
I am involved in a civil suit; my employer has a civil lawsuit against an employee (ex employee now) in which they filed a counter suit and i am a third party defendant during mediation the opposing attorney played a snip it of an illegal audio recording that our attorneys knew nothing about, and then he stood up leaned across the table toward me and visciously threatened me with felony charges, more audio's and the contract my employer was in negotiations with our county for, stated if i thought the last commission meeting was bad just wait, there is more coming
1 ANSWER
Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
Partner at
Claiborne Patent Law Services
4 Awards
A lawyer in a civil matter cannot threaten criminal prosecution. It is an ethical violation.
More specifically, since you are in Florida, the Rules Regulating the Florida Bar specifcally state "A lawyer must not...present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter" (Rule 4-3.4(g)).
A lawyer can be, and should be subject to discipline up to suspension or even (in eggregious cases) disbarment for such tactics.
I would report the attorney's actions to the State Bar.
Attorneys Pike & Lustig have a good web page on this subject: How to File a Bar Complaint Against A Florida Lawyer For Unprofessional Or Unethical Conduct? (turnpikelaw.com).
Answered on Jan 10th, 2022 at 10:14 AM