Maintaining the Integrity of the Profession - Misconduct Flashcards
8.3 - Reporting Professional Misconduct
YOU SHALL RAT OUT OTHER LAWYERS
YOU SHALL RAT OUT JUDGES
(a) Lawyer that knows another lawyer has committed a violation of the Rules of Professional Conduct that “raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects”, SHALL INFORM the appropriate professional authority.
(b) Lawyer who knows a judge has committed a violation of applicable rules of judicial conduct that raises a “substantial question as to the judge’s fitness for office” SHALL INFORM the appropriate authority.
(c) Rule does not require disclosure of information protected by 1.6 or info gained by lawyer/judge while part of lawyers assistance program.
8.4 - Misconduct
(a) It’s misconduct to violate Rules of Professional Conduct or help others do so.
(b) It’s misconduct to commit a crime that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.
(c) It’s misconduct to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(d) It’s misconduct to engage in conduct that is prejudicial to the administration of justice.
(e) It’s misconduct to imply that you can improperly influence government agencies/officials or achieve results by means that violate the Rules of Professional Conduct.
(f) It’s misconduct to knowingly assist a judge/judicial officer in violating judicial conduct rules.
(g) It’s misconduct to harass or discriminate on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status in conduct when practicing law. This paragraph does not limit the ability of a lawyer to accept, decline, or withdraw from a representation in accordance with Rule 1.16 nor does it preclude legitimate advice/advocacy.
