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Threats, Extortion and Legitimate Advocacy
California Litigation Journal - Volume 33, Number 2
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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.
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