Maintaining the Integrity of the Profession Flashcards
Rule 8.1 Bar Admission and Disciplinary Matters
- No False Statements:
Don’t knowingly make a false statement of material fact. - Duty to Correct & Respond:
Correct known misunderstandings and respond to lawful demands for information, unless protected by Rule 1.6.
Rule 8.2 Judicial and Legal Officials
Don’t make false or reckless statements about the qualifications or integrity of judges, legal officers, or judicial candidates.
Lawyer candidates must follow the Code of Judicial Conduct.
Rule 8.3 Reporting Professional Misconduct
Must report if aware of another lawyer’s violation that questions their honesty, trustworthiness, or fitness.
Must report if aware of a judge’s violation questioning their fitness for office.
Exceptions:
No disclosure if information is protected by Rule 1.6 or gained through a lawyers assistance program.
Rule 8.4 Misconduct
Don’t violate the Rules or help others do so.
No crimes reflecting poorly on honesty, trustworthiness, or fitness.
Avoid dishonesty, fraud, deceit, or misrepresentation.
Don’t engage in conduct that harms the justice system.
Don’t claim an ability to improperly influence government or results.
Don’t help a judge engage in misconduct.
No conduct involving harassment or discrimination related to the practice of law.
Rule 8.5 Disciplinary Authority; Choice of Law
- Disciplinary Authority: Subject to jurisdiction’s authority if:
Admitted to practice here, or
Provides or offers legal services in this jurisdiction.
Can be disciplined in multiple jurisdictions for the same conduct. - Choice of Law:
Tribunal Matters: Apply rules of the tribunal’s location unless stated otherwise.
Other Conduct: Apply rules where:
Conduct occurred, or
Predominant effect jurisdiction.
No discipline if conduct conforms to rules where the lawyer reasonably believes the predominant effect will occur.