Loma Linda, CA asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California

Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry. I truly was wronged and did suffer my way thru his wrongdoing. Tired of trying to fight this on my own in a judicial system that just doesn’t seem to be what I thought it was. I deserve to be compensated.

Ignorance was bliss. Reality is devastating.

Compensation would be justifiable.

Is it legal or ethical?

3 Lawyer Answers
Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file a civil lawsuit.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

most lawyers would offer a free consultation and if you can share all the info with him/her that lawyer would be in a better position to guide you.

be careful that you are not committing Blackmail or extortion and putting your liberty at risk.

William John Light
William John Light
Answered
  • Legal Malpractice Lawyer
  • Riverside, CA
  • Licensed in California

A: No, negotiating in exchange for a promise not to make a complaint to law enforcement is extortion. You can negotiate a settlement in exchange for release of civil liability.

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