2 Flashcards
If you violate any other rule in the MRPC, you also violate this rule.
Rule 8.4 (Professional Misconduct
Under Rule 8.4 it is professional misconduct for a lawyer to:
1.
- violate or attempt to violate any of the Model Rules, knowingly assist or induce another to do so, or to do so through the acts of another.
Under Rule 8.4 it is professional misconduct for a lawyer to:
2.
commit a criminal act that reflects adversely on a lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects
Under Rule 8.4 it is professional misconduct for a lawyer to:
3.
engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
Under Rule 8.4 it is professional misconduct for a lawyer to:
4.
engage in conduct prejudicial to the administration of justice
Under Rule 8.4 it is professional misconduct for a lawyer to:
5.
state or imply an ability improperly influence a government agency or official to achieve results by means that violate the Model Rules or other law
Under Rule 8.4 it is professional misconduct for a lawyer to:
6.
knowingly assist a judge or judicial officer in conduct that is a violation of the rules of judicial conduct or other law; or
Under Rule 8.4 it is professional misconduct for a lawyer to:
7.
Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1. race
2. sex
3. religion
4. national origin
5. ethnicity
6. disability
7. age
8. sexual orientation
9. gender identity
10. marital stauts
11. socioeconomic status
__________ applies when we bring in a third party having them assist us.
knowingly
_________ applies when we bring in a third party having them assist us. We know we cannot talk to the judge so we ask the paralegal too.
knowingly
withholding evidence
Engage in conduct that is prejudicial to the administration of justice Rule 8.4(d)
not correcting the record
Engage in conduct that is prejudicial to the administration of justice Rule 8.4(d)
intentionally delaying the administration of justice
Engage in conduct that is prejudicial to the administration of justice Rule 8.4(d)
murder or embezzlement
Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
Telling the client or some third party, “Me and the Judge go way back”
Rule 8.4(e)
State or imply an ability to improperly influence a government agency or official to achieve results by means that violate the Model Rules or other law.
Very few jurisdictions have adopted g. However, frequently tested. Support staff or clients and you treat them different because of one of these categories.
What rule?
8.4(g)
3 big dangers for lawyers
1. ?
2.
3.
- alcohol and drug abuse
3 big dangers for lawyers
1.
2. ?
3.
- Financial misconduct
3 big dangers for lawyers
1.
2.
3. ?
- Falsehoods and deception
If you ____ __________on student loans it is a violation of the financial rules.
file bankruptcy
Considerations in Discipline
1. ?
2.
3.
4.
5.
- Duty violated
Considerations in Discipline
1.
2. ?
3.
4.
5.
- Mental State
What was going on in attorney’s life? Remediation? Remorse?
What does this refer too?
Considerations in Discipline: Mental State
Considerations in Discipline
1.
2.
3. ?
4.
5.
- Seriousness of potential injury
Considerations in Discipline
1.
2.
3.
4. ?
5.
- Disciplinary history
Considerations in Discipline
1.
2.
3.
4.
5. ?
- Aggravating and mitigating factors
Sanctions
1. ?
2.
3.
4.
5.
6.
7.
- Disbarment (most extreme) “never practice law again
Sanctions
1.
2. ?
3.
4.
5.
6.
7.
- Suspension “done for a temporary period of time”
Sanctions
1.
2.
3. ?
4.
5.
6.
7.
- Supervision “restrictions”
Sanctions
1.
2.
3.
4. ?
5.
6.
7.
- Restitution “Pay them back if they order restitution”
Sanctions
1.
2.
3.
4.
5. ?
6.
7.
- Educational requirements “take MPRE again”
Sanctions
1.
2.
3.
4.
5.
6. ?
7.
- Public Censure “Post it everywhere”
Sanctions
1.
2.
3.
4.
5.
6.
7. ?
- Private Censure “slap on wrist”
___________ do not make a client whole; the client will sue (civil liability).
sanctions
Sanctions do not make a client whole; the client will ______ (________ _________).
sue
civil liability
Best Practices for Avoiding Discipline and Malpractice:
1. ?
2.
3.
- Communicate! #1 bar complaint
Best Practices for Avoiding Discipline and Malpractice:
1.
2. ?
3.
- Manage expectations!
Best Practices for Avoiding Discipline and Malpractice:
1.
2.
3. ?
- Own your conduct and fix it!
Duty to engage with the ________ _______. Rule 8.1.
investigatory process
