NO. Read RPC 8.3 carefully. Unless you have reasonably concluded that the letter "raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects." I read that very narrowly. It's akin to offering character for the propensity or predisposition.
Hope this is helpful.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585
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Original Message:
Sent: 05-01-2013 13:40
From: David Perry Davis
Subject: Snitch rule applicability / duty?
I have a matter where the other side is an attorney (insurance law, not Family) proceeding pro se in a post-judgment matter. I just received an email urging me to accept an absurd consent order saying, in part:
Moreover, she has intentional made material misrepresentations to the mortgage lender in an effort to stave off and delay the foreclosure proceedings. Those being her misrepresentations to the mortgage lender that she and her children were still residing in the subject property. The misrepresentations, if prosecuted by the bank, can expose her to potential criminal charges.
This would appear to run afoul of RPC 3.4. (A lawyer shall not ... (g) present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a civil matter)
Do I have a duty to file an Ethics Grievance? Or is that duty satisfied by my alerting the court to the threat?
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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