Why should lawyers refrain from threatening charges to gain an advantage?

Lawyers should refrain from threatening charges to gain an advantage primarily because it is considered unethical and unfair. The legal profession is governed by strict ethical rules aimed at maintaining the integrity of the legal system and ensuring that lawyers engage in fair practices. Making threats of criminal charges as a means of leverage undermines the administration of justice and can be viewed as a form of coercion. This behavior can harm the lawyer’s reputation and potentially lead to disciplinary action, as it goes against the principle of professionalism that lawyers are expected to uphold.

While some may argue that threatening charges could lead to more favorable outcomes or be beneficial in negotiations, such tactics typically compromise the ethical standards of practice and the lawyer’s duty to represent their clients honestly and fairly. It is more detrimental than advantageous to use such unethical strategies, which is why the emphasis is on maintaining a respectable and fair negotiating atmosphere within the legal profession.