Rule 4.5 Threatening Criminal Prosecution

Lawyers cannot use the threat of criminal charges or professional discipline as a bargaining chip in a civil case. If a lawyer's only reason for bringing up criminal charges or a disciplinary complaint is to pressure someone into settling a lawsuit or giving in on a civil dispute, that crosses the line.

This rule exists because criminal charges and disciplinary complaints are supposed to be handled on their own merits, not used as leverage to win money or favorable terms in an unrelated civil matter. For example, a lawyer cannot tell someone "pay my client back or we'll report you to the police" when the real goal is just to settle a debt dispute, not to see justice done for an actual crime.

This does not mean a lawyer can never mention that a criminal case exists or is possible. The problem is using that threat purely as a tool to gain an advantage in the civil case. If someone believes a lawyer has done this, they can raise it with the South Carolina Bar's disciplinary counsel.