Litigation and negotiation often get heated as lawyers zealously represent their clients’ interests. Sometimes, one lawyer may come to believe that his opposing counsel crossed an ethical line. That belief might lead the lawyer to threaten to report opposing counsel to the State Bar. Traveling that road, however, exposes the lawyer to a potential rule violation.

Texas Disciplinary Rule of Professional Conduct 4.04(b) prohibits presenting or threatening to present “criminal or disciplinary charges solely to gain an advantage in a civil matter[.]” While the prohibition is limited to instances where the lawyer’s sole purpose is to gain an advantage in the matter for which the lawyer is providing representation, it is difficult to prove otherwise when the parties involved are currently embroiled in litigation, especially one that has become heated and contentious.

Lawyers often struggle with how to balance the prohibition in Rule 4.04(b) with the requirement in Rule 8.03(a) which…