LEO #1621 THREATENING DISCIPLINARY CHARGES FOR CIVIL ADVANTAGE;
          SUSPENSION OF PROFESSIONAL LICENSE OF PARTY DELINQUENT IN
          CHILD SUPPORT

You have presented a hypothetical situation in which Attorney
represents obligee, as set forth in Code of Virginia 63.1-263.1,
in the obligee's efforts to get the obligor to pay delinquent child
support.  The obligor under that statute is delinquent and holds a
license, certificate, registration or other authorization to engage
in a business, trade, profession or occupation issued to the
obligor by the Commonwealth pursuant to Title 22.1, Title 38.2,
Title 46.2, or Title 54.1, or some other provision of law. 

You have asked the committee to opine whether, under the facts of
the inquiry, it is permissible for the lawyer representing the
obligee to threaten the obligor with suspension proceedings under
Code 63.1-263.1 in order to obtain the delinquent payments for the
attorney's client, the obligee.

The appropriate and controlling Disciplinary Rule related to your
inquiry is DR 7-104(A), which provides that a lawyer shall not
present, participate in presenting, or threaten to present criminal
or disciplinary charges solely to obtain an advantage in a civil
matter.

The committee has repeatedly and consistently interpreted DR 7-104
as applicable to attorney disciplinary proceedings.  See LEOs #760,
#1166, #1214, #1309, #1338.  
The committee understands that Va. Code 63.l-263.l includes a
thirty day notice requirement and further that the statutory
provision constitutes an administrative enforcement process.  The
committee is of the opinion, therefore, that the threatened use of
the enforcement power available under the Code section does not
constitute a threat of either criminal or disciplinary action. 
Thus, the committee opines that it would not be improper or
violative of DR 7-l04 for  the lawyer representing the obligee to
threaten the obligor with suspension proceedings under the relevant
Code section in order to obtain the delinquent payments for the
attorney's client, the obligee.

[DR 7-104(A); LEOs 760, 1166, 1214, 1309, 1338; Va. Code Ann. Title
22.1, 38.2, 46.2, 54.1]

Committee Opinion
February 17, 1995