Threats of Grievance Action Against Opposing Counsel During Trial Can Violate Disciplinary Rules

An appeals court in Houston has ruled a lawyer who threatens to file a grievance against opposing counsel during a trial in order to get an advantage in the litigation is committing an ethics violation.

A three-judge panel of the Texas Fourteenth Court of Appeals ruled unanimously Thursday that Houston lawyer Jack Yetiv was in violation of Rule 4.04 of the Texas Disciplinary Rules of Professional Conduct when he told opposing counsel to confess flaws in his case in open court or face disciplinary charges.