Cantonment, FL asked in Personal Injury and Legal Malpractice for Florida

Q: Attorney harassing another attorney and their client

If a personal injury lawyer calls and harasses another lawyer, which is his opponent and his opponent's client, stating that he knows that the client is exaggerating his claim, what is the ethical violation and what should of the personal injury lawyer done instead?

2 Lawyer Answers
Keith Petrochko
Keith Petrochko
  • Lake Mary, FL
  • Licensed in Florida

A: The lawyer shouldn't be contact a represented individual, but its a given that lawyers will talk about, and have differing views on, a shared case.

A: What exactly was said that you think is "harassing"? Just because a lawyer calls another lawyer and they have a nasty argument over the phone doesn't necessarily mean that the lawyer is being unethical. It's really a matter of degree. If the harassing consists of threats of physical violence or something like that, then you're getting into the realm of improper conduct. So, whether there's an ethical violation will depend on exactly what was said, which you didn't discuss in your question.

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