R 8.4 - Misconduct

Question 1

Is a professional misconduct if an attorney violates or attempts to violate the Rules of Professional conduct, through the act of another or knowingly assist or induce another to do so?

Answer 1

Yes.

Question 2

Is a professional misconduct if an attorney commits a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as an attorney in other aspects?

Answer 2

Yes.

Question 3

What must the misconduct of an attorney reflect on, in order to be a reportable criminal act?

Answer 3

The act must reflect on the attorney’s trustworthiness, honesty, and fitness.

Question 4

Is a professional misconduct if an attorney engages in conduct involving dishonesty, fraud, deceit or misrepresentation?

Answer 4

Yes.

Question 5

Is a professional misconduct if an attorney engages in conduct that is prejudicial to the administration of justice?

Answer 5

Yes.

Question 6

Is a professional misconduct if an attorney states or implies an ability to influence improperly a government official or to achieve results by means that violate the Rules or other law?

Answer 6

Yes.

Question 7

Is a professional misconduct if an attorney to knowingly assist a judge or judicial officer in conduct that is in violation of the Code of Judicial Conduct?

Answer 7

Yes.

Question 8

Is a professional misconduct if an attorney engages in conduct that the attorney knows or reasonably knows is harassment or discrimination on the basis of a protected class.

Answer 8

Yes.

Question 9

Is an attorney subject to discipline if the attorney willfully fails to file income tax returns?

Answer 9

Yes.

Question 10

What kind of conduct should an attorney be subject to discipline?

Answer 10

Only those offenses relevant to the practice of law.

Question 11

Examples that an attorney’s conduct that would be subject the attorney to discipline.

Answer 11

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