Legal Definitions - improper influence

Improper influence refers to the use of a position of power, trust, or authority to unfairly persuade or manipulate another person into making a decision that benefits the influencer or a third party, often to the detriment of the influenced person's free will or best interests. It goes beyond mere persuasion and involves an element of coercion, exploitation, or abuse of a relationship, where the influenced person's independent judgment is compromised.

Here are some examples illustrating improper influence:

• Example 1: Caregiver and Vulnerable Adult

  A live-in caregiver for an elderly, isolated individual with declining mental faculties repeatedly tells the individual that their distant relatives do not care for them and that the caregiver is their only true friend. Over several months, the caregiver convinces the elderly person to change their will, leaving a substantial portion of their estate to the caregiver, despite previous intentions to leave it to their family. The elderly person, dependent on the caregiver for daily needs and social interaction, feels pressured and isolated from other opinions.

  This illustrates improper influence because the caregiver used their position of trust, the elderly person's vulnerability, and their isolation to manipulate the person's testamentary decisions, overriding their independent judgment for the caregiver's personal gain.

• Example 2: Attorney and Client

  An attorney representing a client in a personal injury lawsuit strongly advises the client to accept a settlement offer that is significantly lower than what similar cases typically yield. The attorney fails to disclose that they have a close personal friendship with the opposing counsel and are eager to conclude the case quickly to help their friend meet a quarterly quota. The client, relying on the attorney's professional expertise and advice, accepts the inadequate settlement.

  This demonstrates improper influence because the attorney, leveraging their professional authority and the client's trust, allowed an undisclosed personal interest to improperly sway their advice, leading the client to make a decision that was not in their best financial interest.

• Example 3: Government Official and Contractor

  A high-ranking government official responsible for awarding public contracts subtly pressures a subordinate committee to select a particular construction company for a major infrastructure project. The official makes veiled threats about budget cuts to the committee's department if their preferred company is not chosen, even though the company's bid is not the most competitive and has a questionable track record. The committee, fearing professional repercussions, ultimately awards the contract to the official's favored company.

  This is an instance of improper influence because the government official used their hierarchical power and implied threats to coerce the subordinate committee into making a decision that was not based on merit or public interest, but rather on the official's undisclosed agenda.