MBE Rules · Professional Responsibility
Threatening Prosecution
Cal. Rule 3.10
The rule
California uniquely prohibits threatening criminal, administrative, or disciplinary charges to gain advantage in a civil dispute — a rule with no ABA counterpart.
In plain English
In California, it's illegal for attorneys to threaten to file criminal or disciplinary charges against someone just to gain leverage in a civil case. This rule is designed to prevent abuse of the legal system and ensure that threats are not used as a bargaining tool.
Worked example
An attorney tells a defendant in a civil lawsuit that they will report them to the police for fraud unless they agree to settle the case for a lower amount. This threat is improper under California law, and the attorney could face disciplinary action for their conduct.
Memory hook
No threats, just facts: California bars using criminal charges as leverage in civil disputes.
The trap
Exams may present scenarios where an attorney makes a threat that seems justified, leading students to overlook the specific prohibition in California law. Students might confuse this with general ethical rules about threats.
How examiners test it
Questions often involve a fact pattern where an attorney makes a threat related to criminal charges, requiring students to identify the ethical violation specific to California's rules.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6