Also known as:improperly · unsuitable · inappropriate
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing conduct, purpose, influence, or a threat that falls outside the bounds permitted by applicable legal rules, ethical standards, or contractual obligations.
Sources & Authorities· 36 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
How it applies
Common Examples
6
Rule 11 Filing to Harass Opponent
Isla Ireland filed a complaint against her former employer solely to pressure a quick settlement on an unrelated personal dispute. The court sanctioned her attorney because the pleading was presented for an improper purpose.
Prior Statement to Rebut Motive Charge
Ismael Ibrahim testified that the defendant committed the robbery. Defense counsel implied on cross-examination that the witness had recently fabricated the account due to a bribe. The prosecution introduced the witness's earlier consistent statement to rebut the charge of recent improper influence.
Lawyer Claiming Special Access
Ingrid Innes told a city official that she could secure a zoning variance for the client's project because of her close relationship with the mayor. The disciplinary board found that the statement improperly implied an ability to influence a government official.
Threat of Criminal Prosecution in Negotiation
Integrity Partners threatened to report its former employee to the district attorney for alleged embezzlement unless the employee signed a broad release of all claims. The court held the threat improper and voided the resulting settlement agreement.
Tenant Remedy for Unsuitable Premises
Ines Ibarra leased a warehouse that developed severe roof leaks rendering it unusable for storage. She applied a portion of the rent to hire contractors to repair the leaks, asserting the landlord's inaction created an improper condition under the lease. The court recognized her right to cure the improper condition using rent funds.
Trustee Inducing Beneficiary Consent
Iain Irons, trustee of a family trust, misrepresented the trust's financial condition to obtain a beneficiary's written release of claims against him. The release was set aside because the beneficiary's consent was induced by the trustee's improper conduct.
Common questions
Frequently Asked
6
How does a court determine whether a filing was made for an improper purpose under Rule 11?+
The court examines the objective circumstances surrounding the filing, including whether the paper was presented to harass, cause delay, or increase litigation costs. Sanctions may follow even without subjective bad faith if the purpose is objectively improper.
Supporting sources
When may a prior consistent statement be admitted to rebut a charge of recent improper influence?+
The statement is admissible when the opponent has expressly or impliedly charged that the witness's testimony resulted from a recent improper influence or motive. The statement must be consistent with the trial testimony and offered for the limited rehabilitative purpose.
What conduct by a lawyer constitutes improperly implying an ability to influence a government official?+
A lawyer violates the rule by stating or implying that personal connections or other means outside the Rules of Professional Conduct will produce a favorable result from an agency or official. The prohibition targets both express claims and subtle suggestions of improper access.
Supporting sources
When is a threat during contract negotiations considered improper under the Restatement?+
A threat is improper if it involves a crime or tort, a criminal prosecution, or other conduct that the law condemns. Courts examine whether the threatened act itself would be wrongful if carried out to obtain the desired contractual result.
Supporting sources
What remedies are available to a tenant when a landlord fails to correct an unsuitable condition?+
The tenant may use rent to eliminate the unsuitable condition to the extent permitted by the governing Restatement section. This remedy operates alongside damages, rent abatement, and withholding, subject to the lease terms and statutory limits.
Supporting sources
When will a beneficiary's consent or release be set aside because of improper trustee conduct?+
A consent, release, or ratification is ineffective if induced by the trustee's improper conduct, such as misrepresentation or undue pressure. The beneficiary must show that the trustee's actions caused the beneficiary to act without full knowledge or free will.
Supporting sources
management of the common trust fund during the period covered by the accounting is sealed and wholly terminated by the decree. See Matter of Hoaglund , 194 Misc. 803, 811-812, 74 N. Y. S.…
: requiring a President to disobey a court order to invoke review would be unseemly and could precipitate a constitutional confrontation between branches. Requiring a judge to cite a…
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