8.4 Flashcards by Jamone Car

Rule 8.4 It is ________ ________ for a lawyer to:
(a)
(b)
(c)
(d)
(e)
(f)
(g)

professional misconduct

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Rule 8.4 It is professional misconduct for a lawyer to:
(a) violate, or attempt to violate the Rules of Professional Conduct, _________ _______ or induce another to do so, or do so through the acts of another.
(b)
(c)
(d)
(e)
(f)
(g)

knowingly assist

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Rule 8.4 It is professional misconduct for a lawyer to:
(a) ______, or _______ to ______ the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.
(b)
(c)
(d)
(e)
(f)
(g)

violate or attempt to violate

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b) commit a _______ _____ that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
(c)
(d)
(e)
(f)
(g)

criminal act

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c) engage in conduct involving _______, _______, ________, or __________.
(d)
(e)
(f)
(g)

dishonesty
fraud
deceit
misrepresentation

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d) engage in conduct that is ________ to the administration of justice
(e)
(f)
(g)

prejudicial

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d) engage in conduct that is prejudicial to the administration of ________.
(e)
(f)
(g)

justice

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d)
(e) state or imply an ability to influence improperly a _____ ______ or ________ or to achieve results by means that violate the Rules of Professional Conduct or other law.
(f)
(g)

government agency or official

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d)
(e) state or imply an ability to ________ _______ a government agency or official or to achieve results by means that ______ the Rules of Professional Conduct or other law.
(f)
(g)

influence improperly

violate

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d)
(e)
(f) _________ assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law
(g)

knowingly

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d)
(e)
(f) knowingly assist a ______ or ______ ______ in conduct that is a violation of applicable rules of judicial conduct or other law.
(g)

judge
or
judicial officer

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Rule 8.4 It is professional misconduct for a lawyer to:
(a)
(b)
(c)
(d)
(e)
(f)
(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
5.
6.
7.
8.
9.
10.
11.
in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline, or withdraw from representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these rules.

race
sex
religion
national origin
ethnicity
disability
age
sexual orientation
gender identity
marital statuts
socioeconomic status

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Rule 8.4 It is professional misconduct for a lawyer to:
(a) ?
(b)
(c)
(d)
(e)
(f)
(g)

violate or attempt to violate the Rules of Professional conduct, knowingly assist or induce another to do so or do so through the acts of another.

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Rule 8.4 It is ________ ________ for a lawyer to:
(a)
(b) ?
(c)
(d)
(e)
(f)
(g)

commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects

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Rule 8.4 It is ________ ________ for a lawyer to:
(a)
(b)
(c) ?
(d)
(e)
(f)
(g)

engage in conduct involving dishonesty, fraud, deceit, or misrepresentation

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Under Rule 8.4, lawyer commit professional misconduct and are subject to discipline when they _______ or ________ to ______ any Model Rule of Professional Conduct or knowingly induce or assist others to do so.

violate or attempt to violate

Rule 8.4 defines misconduct to include criminal acts that adversely reflect on the lawyer’s honesty, trustworthiness, or fitness to practice law, for example:
1.
2.
3.

income tax fraud
perjury
money laundering

Misconduct also includes
1.
2.
3.
4.
or any conduct that is prejudicial to the administration of justice.

dishonesty
fraud
deceit
misrepresentation

Drug and Alcohol Abuse violated Rule _______, committing a criminal act adversely reflecting on his trustworthiness and fitness as a lawyer.

8.4(b)

Financial Misconduct violated what rules?

8.4(b) and 8.4(c)

Suspending President William Jefferson Clinton from the practice of law in Arkansas for 5 years for violating Rule _____ by engaging in conduct prejudicial to the administration of justice when he knowingly gave evasive and misleading answers concerning his relationship with Monica Lewinsky in the Paula Jones case.

8.4(d)

Comment 1: Laywers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another, as when they request or instruct an agent to do so on the lawyer’s behalf. Paragraph (a), however, does not prohibit a lawyer from advising a client concerning action the client is __________ entitled to take.

legally

Comment 2: Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and other offense of willful failure to file an income tax return.

However, some kinds of offenses carry no such implication.

Traditionally, the distinction was drawn in terms of offenses involving _______ _________. That concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law.

Although a lawyer is personally answerable only for offenses that indicate lack of those characteristics relevant to law practice.

Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category.

A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

moral turpitude

Comment 2: Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and other offense of willful failure to file an income tax return.

However, some kinds of offenses carry no such implication.

Traditionally, the distinction was drawn in terms of offenses involving moral turpitude. That concept can be construed to include offenses concerning some matters of ________ ________, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law.

Although a lawyer is personally answerable only for offenses that indicate lack of those characteristics relevant to law practice.

Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category.

A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

personal morality

Comment 2: Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and other offense of willful failure to file an income tax return. However, some kinds of offenses carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving moral turpitude. That concept can be construed to include offenses concerning some matters of moral turpitude, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving ________, _________, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

violence dishonesty

Comment 3: Discrimination and harassment by lawyers in violation of paragraph (g) undermine confidence in the legal profession and the legal system. Such discrimination includes harmful verbal or physical conduct that manifests _______ or __________ towards others. Harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature. The substantive law of anti discrimination and anti harassment statutes and case law may guide application of paragraph (g).

bias or prejudice

Comment 4: Conduct related to the practice of law includes representing clients; interacting with witnesses, coworkers, court personnel, lawyers and others while engaged in the practice of law operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law. Laywers may engage in conduct undertaken to promote diversity and inclusion without violating this Rule by, for example, implementing initiatives aimed at recruiting, hiring, retaining and advancing _________ employees or sponsoring diverse law student organizations.

diverse

Comment 5: A trial judge's finding that _________ __________ were exercised on a discriminatory basis does not alone establish a violation of paragraph (g). A lawyer does not violate paragraph (g) by limiting the scope or subject matter of the lawyer's practice or by limiting the lawyer's practice to members of underserved populations in accordance with these Rules and other law. A lawyer may charge and collect reasonable fees and expenses for a representation. Rule 1.5(a). Lawyers also should be mindful of their professional obligations under Rule 6.1 to provide legal services to those who are unable to pay, and their obligation under Rule 6.2 not to avoid appointments from a tribunal except for good cause. See Rule 6.2(a)-(b) and (c). A lawyer's representation of a client does not constitute an endorsement by the lawyer of the client's views or activities. See Rule 1.2(b).

peremptory challenges

Comment 6: A lawyer may refuse to comply with an obligation imposed by law upon a _____ _______ belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law.

good faith

Comment 7: Lawyers holding _______ ________ assume legal responsibilities going beyond those of other citizens. A lawyer's abuse of public office can suggest an inability to fulfill the professional role of lawyers. The same is true of abuse of positions of private trust such as trustee, executor, administrator, guardian, agent and officer, director or manager of a corporation or other organization.

public office