Katrina Criminal Threat Against Insurer
The June 13, 2007 NY Times reported that Attorney General Jim Hood sued State Farm and he is not ruling out reopening a criminal investigation against State Farm. Mississippi Attorney General Sues State Farm Over Katrina Claims.
Is it appropriate for Mr. Hood to threaten criminal proceedings? Many states expressly bar attorneys from threatening a criminal investigation to gain an advantage in a civil suit. The Mississippi Rules of Professional Conduct state, in the preamble, state that the law's procedures should not be used to harass or intimidate others.
I want to give full disclosure: some of my partners represent State Farm (though I do not handle any matters for State Farm).
That said, the threat of criminal proceedings here is just wrong.
