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As the linked article notes, it's explicitly against the California State Bar Code of Conduct to condition criminal proceedings on requiring a civil outcome, so
by gingerrr 3y ago
As the linked article notes, it's explicitly against the California State Bar Code of Conduct to condition criminal proceedings on requiring a civil outcome, so while not technically illegal it's censurable - that's against the attorneys who threatened, not the clients they represent.
- aidenn0 3y agoWhat I'm pondering is how what happened in TFA is different from a situation like: 1. I (legally) gather evidence of a neighbor committing a criminal action; e.g. take a picture of them selling illicit drugs. 2. I threaten to send the evidence to the authorities unless they pay me money. That seems like blackmail to me, which is illegal under both state and federal law. The only difference I can think of is the consideration. If the consideration must be property for it to count as blackmail, then what about this situation: 1. I'm engaged in a civil dispute with my neighbor 2. I gather evidence of them committing a criminal action 3. I threaten to reveal the evidence unless they settle in my favor Does that magically become legal because no money exchanges hands?