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
See also LE Op. 1388.