Litigation

Cal. Litig. 2020, Volume 33, Number 2

MCLE ARTICLE Threats, Extortion and Legitimate Advocacy

By Mark L. Tuft

Mark Tuft is a partner with Cooper, White & Cooper LLP in San Francisco specializing in legal malpractice law and is a co-author of the Rutter Group Practice Guide on Professional Responsibility. MTuft@cwclaw.com.

Recent cases highlight the need for litigators to clearly understand the difference between aggressive advocacy and conduct amounting to extortion and prohibited threats. Clients should be able to hire aggressive lawyers and expect them to pursue available means for achieving the clients’ objectives. Litigators wishing to preserve their right to practice law, on the other hand, need to know the parameters of legitimate advocacy and cannot abide uncertainty when it comes to distinguishing aggressive tactics from impermissible threats and extortion.

Legitimate Advocacy

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment