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.
Some actions by the other side’s lawyer may feel threatening, but the following actions are acceptable:
- Encouraging settlement. A lawyer can share a settlement offer and explain what may happen if it is not accepted. For example, they might say that if you do not accept the offer, they will go to court and ask for costs against you. You may feel pressured to accept an offer you do not like to avoid court. Still, it is not wrong for the lawyer to explain the steps they plan to take for their client. 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.
- Explaining likely outcomes. A lawyer can warn of real results of certain actions. For example, they may say that if you do not agree to delay (adjourn) a matter, they will ask the court for costs. Or they may explain that unnecessary fights in court will cause delays in your case.
A lawyer or limited licensee must not threaten criminal or regulatory proceedings against another party to try to gain a benefit for their client in their non-criminal or non-regulatory matter. They may remind the other party of their legal or professional obligations, as long as there is no threat attached to it relating to the ongoing dispute. An example of a breach of this rule would be:
- A lawyer is representing a client on a real estate purchase.
- The client has found problems with the house after the sale has completed.
- The lawyer threatens to file a complaint against the seller’s real estate agent if they do not make their seller clients pay for the damages, or if the real estate agent does not pay themselves.
An example regarding a threat of criminal proceedings would be:
- A lawyer is representing one spouse in a family property division dispute.
- The other spouse has removed items from the family home that they believe they are entitled to.
- The lawyer’s client disagrees that their former spouse is entitled to those items.
- The question of who is entitled to the items as family property is a legal one, which should be decided by the court.
- The lawyer threatens to report the items as stolen and send the police to collect them if the other spouse does not return them.
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.
If you believe a lawyer or limited licensee has engaged in threatening behaviour or blackmail, submit a complaint.