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I filed an ethics complaint against a physician last

December. The complaint got assigned...
I filed an ethics complaint against a physician last December. The complaint got assigned an investigator. Only yesterday did the investigator call the lawyer representing the doctor (it takes a long time sometimes). Immediately the lawyer for the defendant called my husband and asked him if he knew about the ethics complaint. He said "no". She proceeded to tell him about it, and the main thrust of her message was that she was going to file a protective order against me seeing the complaint as harassment to the doctor, even tho it was 8 months ago. She threatened me with a PO via my husband to tell me this, if I didn't retract my ethics complaint. This was on the phone. Back to back, she made another phone call, but my husband didn't pick up, so she left a message, which we have. She said she was going to use other evidence she felt was against me ( nothing criminal) to take it to the judge to get this PO if I didn't retract. She said she wouldn't do this until September (obviously I am not harassing him or she wouldn't wait till September, but is using this to manipulate me). I called a friend who is an attorney and asked if I could file a PO against her and the doctor, or a temperary one until I talk to my attorney. I want this because they are angry and I think acting out of their legal bounds, by calling my husband and making this manipulate threat, instead of going through the investigator. Ok that is the current situation.The attorney I asked said she was way out of bounds professionally calling and making a threat contingent on my withdrawing the complaint, and I should report her to the Law Board. So, I have two questions.1.) Is she out of bounds, and would she be in trouble for a legal or ethical violation as a lawyer?
2.) Is this blackmail?
3.) Can I file a PO because I feel they are out of control and dangerous to me and my family, as demonstrated in this incident where she threaten me via my husband, not to mention broke my confidentiality? This almost replicates the original ethical infraction I wrote to the medical board about to begin with, in addition to violations of standard of care.
4.) What can I do this weekend, or what should I do next week.I live in Indiana, the doctor practices in Illinois at a University Hospital, and the lawyer is in Illinois. Does that cause a problem or can I still protect myself via attempting to get a protective order?I have alerted the medical board of regulations investigator of this incident. I wonder if they can report it also?Do you have any answer, advice, or maybe something else I do not know about that would help me think about what next step to take?Thanks
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Answered in 12 minutes by:
8/5/2017
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,235
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I'm sorry to hear about your situation. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

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Again, I'm sorry to hear about this situation. It's disappointing to hear about an attorney acting in this manner.

I'll answer your questions in the order they were listed above.

1. Yes, she is out of bounds and yes she could be in trouble for an ethics violation.

As attorney for the defendant she should not be contacting you or your husband directly, but rather she should be speaking with your attorney.

2. While this very understandably feels like blackmail (and is very close to it) it is not quite legally blackmail, and criminal blackmail requires that the perpetrator have requested money of you.

3. Yes, based on the information you shared you most definitely have enough grounds to move ahead with filing for a PO.

4. Unfortunately there's not much that can be done this weekend as the courthouses and Bar Ethics Committee are all closed on the weekends.

However next week you can file for the PO as well as contact the Indian Bar Ethics Committee and make a formal complaint against this attorney -- an investigation will be opened against them and the appropriate action taken to reprimand.

You can reach the disciplinary committee at this number during regular business hours:

(###) ###-####/p>

Here's a website you will find useful in reference to filing the complaint:

http://www.in.gov/judiciary/discipline/2373.htm

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 6 months ago
Ok, thank you that is good validation. Just confused about where to file. I would file the PO in Indiana where I live? But they live and work in Illinois. Two, to file a complaint with ethics board, would I file it with Illinois rather than Indiana? Do you have number for Illinois if that is where I should file it?
Customer reply replied 6 months ago
Also, can the investigator in Illinois Medical Board of Regulations also file a complaint against this attorney for me?

Yes, then you would need both the PO and the ethics complaint files in Illinois where they are located.

Also, yes the investigator can file the complaint on your behalf.

In Illinois attorney ethics violations have to be submitted electronically. Here is a link to the page that has the information as well as instructions on submitting the complaint.

https://www.iardc.org/howtorequest.html

You can do this yourself or pass it along to the investigator to file on your behalf.

Gentle reminder: please take a moment to leave a positive rating (5 stars are always appreciated), thanks!

Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,235
Experience: Managing Attorney at a Law Firm
Verified
Nisha Jones, Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 6 months ago
Thank you very much. I will give you five stars!!

You're welcome, no problem! If you ever have any more legal questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by adding "For Nisha" to the first part of your question. Best of luck to you!

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Category: Criminal Law
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