Agreement Not To Press Charges

A lawyer cannot appear, participate in the presentation or threaten to file a complaint for benefit in a civil case, unless the criminal proceedings involve a civil case and counsel reasonably considers that the charges are in fact well founded and justified by law [italic review]. If the client`s motive for going to the criminal justice system is “false” to obtain compensation for a civil injustice; If the client agrees not to inform the authorities of a crime in exchange for compensation; or if, after criminal complaints have been investigated, the client uses the charge to harass or pressure the accused to compensate him for civil injustice, there may be a charge of extortion and extortion of a crime and abuse of civil process. A lawyer who participates in these activities may be subject to disciplinary nature for violating ethical rules, even if there is no specific prohibition on the threat of criminal prosecution. You have a lot of customer problems, but Vin Dictive is the hardest of all. She`s involved in a bitter divorce from her husband, Dodge Dictive. Vin knows that Dodge has been cheating on his company`s income tax returns for years. It believes that a fairer “fair” distribution can be developed if Dodge is offered that it will go to the IRS with its information if it is not more cooperative. Can you pass this proposal on to Dodge? These assumptions illustrate only a few of the ethical dilemmas that arise when a lawyer represents a client who has both a civil action against the opposing party and knowledge of the criminal activity of the opposing party. Prior to the adoption of the revised rules of conduct last year, the answer to the questions raised in all three assumptions was a simple “no” (or, in the case of the third situation, “hell no”). According to the rules of the profession (1985), Rule 7.5 prohibits a lawyer “from participating in or threatening the presentation or threat of criminal prosecution, in particular to gain an advantage in a civil case.” But the prohibition of Rule 7.5 was deliberately omitted from the revised regulation.1In the absence of a specific prohibition, a lawyer acts with impunity when she threatens to file a complaint or file complaints in order to obtain a favourable settlement from the other party? And if a favourable agreement is reached, can the lawyer participate in the preparation of a transaction contract that promises not to inform the authorities in exchange for a (usually monetary) consideration? During the holidays, my family watched The classic Chevy Chase movie “National Lampoon`s Christmas Vacation “. It wasn`t the first time I saw him, but this time I noticed something I had never had.

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