Ethics Hotline & Opinions

ETHICS DOCKET NO. 2000-09

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2000-09

Ethical Concerns Regarding Threatening Criminal Prosecution in Connection with Efforts to Collect a Bad Debt.

 

You explained that your firm ahs occasion to write letters on behalf of clients concerning bad checks. You further explained that by writing such letters you are complying with the notice requirements of Section 3-512 and 3-513 of the Maryland Commercial Law Article. Specifically, those statutes authorize a notice of dishonor to maker or drawer of the instruments and further provides that the notice shall contain the criminal penalties specified in Article 27, Sections 140 through 144. You are concerned that there is a prohibition against an attorney threatening criminal action to achieve a result in a civil matter.

Attached please find a copy of Ethics Opinion 93-15, in which it was held that under the prior Code of Professional Responsibility, and the present Rules of Professional Conduct, it is unethical to threaten criminal prosecution to "obtain an advantage in a civil matter". Assuming that your letter/notice is sent to comply with the requirements of the statutes, then it cannot be said that you are threatening criminal penalties to "obtain an advantage in a civil matter". Accordingly, this Committee is of the opinion that your compliance with the Commercial Law Article will not violate the Maryland Rules of Professional Conduct.

References: Ethics Docket  1993-15

 

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