MIsconduct and DIshonesty

Question 1

What is misconduct that would subject a lawyer to disciplinary action?

Answer 1

• Violating a rule of professional
  individually or conduct or attempting to do so, either through the acts of another.
• Committing crimes and dishonesty
• Committing acts that harm the justice system
• Committing discrimination or harassment in law practice
• Includes acts in one’s personal life as well

Question 2

What constitutes “crimes and dishonesty’?

Answer 2

• Committing a criminal act that reflects adversely on the
  lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects
• Engaging in any conduct involving dishonesty, fraud, deceit, or misrepresentation

Question 3

What are actions that harm the justice system?

Answer 3

• Engaging in conduct prejudicial to the administration of justice
• Knowingly assisting a judge in violating the rules of judicial conduct or other law
• Stating or implying an ability to improperly influence a government agency or official to achieve results by illegal or unethical means
• making a statement known to be false, or make a reckless disregard statement with
  as to truth or falsity, about qualifications or integrity the of a judge, public legal office
  or candidate for these office

Question 4

What are actions that harm the justice system - CA exception?

Answer 4

• California rule applies to false or judicial
  reckless statements about officials and candidates and not to statements about public
  legal officers or candidates for legal office

Question 5

What is committing discrimination or harassment in law practice?

Answer 5

Engaging in or discrimination
related to the practice of law
based on a protected characteristic.

In CA - only applies to unlawful discrimination and harassment, prohibit

Question 6

What is committing discrimination or harassment in law practice - CA exception?

Answer 6

• It only applies to unlawful discrimination and harassment
• prohibits a lawyer from permitting unlawful discrimination or harassment in relation to a law firm’s operations.
• lawyer must promptly notify the State Bar of any criminal, civil, or administrative action premised on the same conduct.

Question 7

Where is a lawyer subject to discipline?

Answer 7

• In each state they offer legal services or are admitted to practice
• The choice of law will depend on the circumstances.