Hardball Attorney Tactics Considered Extortion

Tuesday, December 13, 2022

Daniel Q. Harrington was quoted in the article, “Hardball Attorney Tactics Considered Extortion” from the American Bar Association Litigation Section.

In the article, Dan explains that he does not interpret the Model Rules of Professional Conduct to include a “duty of zealous representation.” Dan says, “There is a duty of diligence under Rule 1.3. Variants of the word ‘zeal’ do appear in a few comments to the Model Rules.” But he advocates, “removing those words, because zeal serves primarily as a cover for uncivil, or worse, behavior.”

Dan advises, “Check the substantive case law on extortion in your state. If it is a murky line, just don’t do it.” Ultimately, Dan concludes, “the criminal law is not intended to be a vehicle to gain an advantage over an opponent.”

To read the full article, click here.

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