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Threats, Extortion and Legitimate Advocacy
California Litigation Journal - Volume 33, Number 2
Several recent cases point up the need for litigators to have a clear understanding of the difference between aggressive advocacy and conduct amounting to extortion and prohibited threats. Clients should be able to hire aggressive lawyers and expect that all available means will be pursued in achieving the client's objectives. Litigators wishing to preserve their right to practice law, on the other hand, need to be well-grounded on the parameters of legitimate advocacy and cannot abide uncertainty when it comes to distinguishing aggressive tactics from extortion and impermissible threats.
1 Self-Study Credit
Mark L. Tuft
Mark L. Tuft is a Certified Legal Malpractice Specialist (California State Bar Board of Legal Specialization) and a litigation partner with Cooper, White & Cooper LLP. He serves as outside counsel to lawyers, law firms, and public and private organizations on professional responsibility and professional liability matters, including law firm mergers and dissolutions, conflicts of interests, attorney sanctions and State Bar admission and disciplinary matters. He also acts as an expert witness and consultant in these matters.
His trial practice includes legal malpractice defense, media law and related first amendment litigation. He also serves as an arbitrator and mediator in lawyerclient and law firm disputes. Mr. Tuft has served on several California State Bar Commissions on revisions to the Rules of Professional Conduct and the State Bar's Task Force on Access Through Innovation of Legal Services. He is a former Chair and special advisor to the California State Bar Committee on Professional Responsibility and Conduct and served on State Bar Task Forces on Multi-Disciplinary Practice and amendments to the rules of professional conduct.
Mr. Tuft has taught professional responsibility as an adjunct professor at the University of San Francisco School of Law and has lectured on legal ethics at U.C. Berkeley School of Law and Hastings School of Law. He has served on the Board of Directors of the Bar Association of San Francisco and formerly chaired its ethics committee. Mr. Tuft is a member of the ABA Center on Professional Responsibility and its editorial board. He is a past president of the Association of Professional Responsibility Lawyers and a member of the American Law Institute. Mr. Tuft is a frequent lecturer and writer on professional responsibility issues and has received several teaching awards. Mr. Tuft is coauthor of The Rutter Group's California Practice Guide: Professional Responsibility.
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