Posted by James Martin; LLB on 11/04/03

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I am not familiar with U.S. pratice standards, but this
came to my attention today, and certainly sounded
questionable. Your views would be appreciated.

A lady friend of mine in FL. has a small-claims (General
Sessions) action proceeding in TN. The action is against a
former ( and happily, short-term ) "live-in" for fraud,
unpaid accounts and loans etc. She is unrepresented ny
counsel. Trial is scheduled for next week. Today she
received registered mail from a TN attorney stating that
his client had obstained a Chapter 7 bankruptcy discharge,
(no notice to her ) and theatening her with contempt and
damages proceedings unless she dismisses her action
forthwith.

Even assuming that there may be merit in his substantive
position, is it ithical to use threats of legal action, and
particularly contempt proceedings, to induce/frighten
(extort ?) an unrepresented party to prejudice themselves
without their having a chance to obtain advice and consider
their position. I know that our Law Society would take a
very dim view of such conduct, but don't know what to tell
her.

Thanks

Re: Would this be considered ethical there ???, 11/07/03, by You will never guess/paralegal.

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