Article 8: Misconduct Flashcards
What is an attorney prohibited from doing with regards to bar admission and discipline?
1.) Cannot knowingly make a false statement of material fact, or omit a fact to correct a misapprehension; OR
2.) Cannot knowingly fail to respond to inquiry for bar discipline
What is an attorney’s duty regarding statements about a Judge’s (or other public figures) qualifications?
1.) A lawyer cannot knowingly misrepresent the qualifications of a judge or judicial candidate
Must a Lawyer who is a candidate for judicial office comply with the rules of judicial conduct?
Yes. Dictated by canon 4
Must a lawyer report any KNOWN violation of the professional rules of conduct by other Judges and Lawyers?
No. Only violations which would “raise substantial questions about the honesty, trustworthiness, or fitness as a lawyer”
Does the duty to report known violations of professional conduct which raise substantial questions about the honesty, trustworthiness, or fitness of the actor overrule the ethical duty of confidentiality under MRPC 1.6?
No. Do not need to disclose if representing the attorney/Judge
Must ALL parties who know of a violation report? (are you off the hook if somebody has already reported)
Yes, you must report.
May an Attorney assist another in violating the rules of ethical conduct?
No. Nor can they help Judges violate the judicial code of conduct.
What kind of criminal act is a violation of the rules of professional conduct?
Those which raise substantial questions regarding the Attorney’s fitness as a lawyer, trustworthiness, and honesty
Can a lawyer imply that they have the ability to influence a public figure?
No. A lawyer cannot directly state or imply that they have any influence
What kind of conduct is per se invalid under Article 8?
Any conduct involving misrepresentation, fraud, or dishonesty.
Does the prohibition against biased conduct prevent an attorney from decline or withdraw from representation?
No. Mandatory/permissive withdraw still in play.
Under what disciplinary authority is a lawyer subject to after violating the ethical rules of conduct?
A lawyer is always subject to discipline where the lawyer is admitted AND where the lawyer is not barred, but the harm occurred.
Can you negotiate away your duty to report ethical violations?
No.
Whose rules govern when a court is presiding over a violation of the ethical rules of conduct?
1.) Rules of the jurisdiction where the court actually is; AND
2.) The rules where the conduct occurred or where the predominant effect of the conduct occurred.
Does a violation occur where an attorney thought they were complying with the rules of the jurisdiction where the predominant effect of their conduct was felt?
No
REMEMBER: If i send out mass letters on a mailing list and some of the mail ends up in a jdx I can’t practice in, so long as most of the mail was sent NOT in violation of the MPRC I did not violate the rules
