LEO: Attorney Making a Threat LE Op. 716

 

Attorney Making a Threat.

 

August 30, 1985

 

An attorney writes an individual that "If this check is not reclaimed in

ten (10) days, my client will seek a warrant for your arrest under the

appropriate Virginia statute dealing with the issuance of fraudulent

checks." The Standing Committee on Legal Ethics interprets this language

unequivocally to be threatening rather than in the nature of the notice

anticipated by Virginia Code 18.2-183, particularly in referring to "

arrest." It is, therefore improper for an attorney to make such a threat.

[See: DR:7-104 and 18.2-183 Va. Code (1982 repl. vol.)]

 

Committee Opinion August 30, 1985

 

CROSS REFERENCES

 

See also LE Op. 1388.