Threatening or Blackmail
Threatening behavior means doing something on purpose that could make someone afraid of being hurt.
The legal word for blackmail is extortion, which means using threats, accusations, pressure, or violence to try to get something by:
- Forcing someone to do something, or
- Making something happen.
Sometimes a lawyer or limited licensee’s requests or advice may feel pressuring, but certain actions are still acceptable, such as:
- telling a client that they may withdraw from their matter:
- for non-payment of fees. See section 3.7-3 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information;
- if there has been a serious loss of trust between the lawyer or limited licensee and the client. For example, if the client refuses to follow the lawyer or limited licensee’s advice on an important issue. See section 3.7-2, particularly commentary [1] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information; or
- if the client continues to instruct the lawyer or limited licensee to act against their ethical rules. See section 3.7-7 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
- warning a client of the likely outcome of certain actions. For example, the legal consequences of going against the lawyer or limited licensee’s advice.
- encouraging compromise or settlement. See section 3.2-4 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
- discouraging a client from starting or continuing useless legal proceedings. See section 3.2-4 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
A lawyer or limited licensee should not threaten to quit just to pressure a client into making a fast decision on a hard issue. See section 3.7-2, commentary [1] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
A lawyer or limited licensee must not threaten:
- to start criminal charges against another person to get an advantage for a client. See section 3.2-5 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
- to begin regulatory action against another person to get an advantage for a client. See section 3.2-5 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
- any consequences if a client files a complaint with the Law Society. See section 3.2-6 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If you believe your lawyer or limited licensee has engaged in threatening behaviour or blackmail, submit a complaint.