“Lawyers argue for a living. Some do more than argue. They lace their settlement demands with threats. When does such activity cross the line and become professional misconduct?” See Falcon Brands v. Mousavi & Lee, 74 Cal. App. 5th 506, 511 (Cal. Ct. App. 2022). The current answer for California practitioners—as unsettling as it sounds—very well may be: “it depends on the court.”

Pushing the Limit

Every lawyer is familiar with the duty to “zealously advocate” for his or her client. In In re Josiah Z., 36 Cal. 4th 664, 680 (Cal. 2005); Model Rules of Pro. Conduct, Preamble, at Section 2 (Am. Bar Ass’n) (lawyer must “zealously assert the client’s position under the rules of the adversary system”). But, what is “zealous advocacy” and how far may a lawyer go?

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