Before Making an Offer the Other Side “Can’t Refuse”

Prior to initiating civil litigation, lawyers often attempt to resolve matters by sending a prelitigation demand—often through a demand letter—instead of immediately filing a lawsuit. Prelawsuit demands can be a cost-efficient way to avoid litigation by demanding relief or putting the opposing side on notice of potential litigation. However, what happens when a client has a civil claim and a potential criminal claim or professional discipline complaint that can be brought against an opposing party or their counsel?

Attorneys or their clients might be quick to think that including a threat of filing a criminal complaint or professional disciplinary complaint will help leverage their position with the civil claim. But, as Paige Tungate explains in her article, “Before Making an Offer the Other Side 'Can’t Refuse’,” in the July Illinois Bar Journal, lawyers should understand, and be careful not to run afoul of, any relevant jurisdiction’s ethical and legal rules.

Read the July Illinois Bar Journal article, "Before Making an Offer the Other Side “Can’t Refuse." 

Posted on July 19, 2022 by Celeste Antoinette Niemann
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