Rule 8: Maintaining the Integrity of the Profession Flashcards
Bar Admission and Disciplinary Matters Rule
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
knowingly make a false statement of material fact (8.1a)
fail to disclose a fact necessary to correct a misapprehension known to have arisen in the matter, or knowingly fail to respond to a lawful demand for info from an admissions or disciplinary authority unless the info is protected by 1.6 confidentiality. (8.1b)
Applies to both bar applicants and lawyers
Subject to 5th Amendment
Judicial and Legal Officials Rule
A lawyer shall not make a statement they know to be false, or with reckless disregard of its truth or falsity, concerning the qualifications or integrity of a judge, adjudicatory officer, or public legal officer, or of a candidate for election or appointment to judicial or legal office (8.2a)
A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct (8.2b)
Reporting Professional Misconduct Rule
A lawyer who knows another lawyer has committed a violation of the Rules that raises a substantial [serious offense] question of their honesty, trustworthiness, or fitness as a lawyer, shall inform the appropriate professional authority. (8.3a)
A lawyer who knows that a judge has committed a violation of the rules of judicial conduct that raises a substantial [serious offense] question of the judge’s fitness for office shall inform the appropriate authority. (8.3b)
This Rule does not require disclosure of 1.6 confidential info (but should encourage consent to disclose, where prosecution would not substantially prejudice client’s interests) or info gained by a lawyer or judge while participating in an approved lawyer assistance program. (8.3c)
Misconduct Rule
It is professional misconduct for a lawyer to:
violate or attempt to violate the rules, or knowingly assist or induce another to do so, or do so through the acts of another (8.4a)
commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer [aka. moral turpitude] (8.4b)
engage in conduct involving dishonesty, fraud, deceit, or misrepresentation (8.4c)
engage in conduct prejudicial to the administration of justice (8.4d)
state or imply an ability to influence improperly a gov agency or official, or achieve results by means that violate Rules or other law (8.4e)
knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law (8.4f)
engage in conduct the lawyer knows or reasonably should know if harassment or discrimination in conduct related to the practice of law (8.4g)
Disciplinary Authority, Choice of Law Rules
Disciplinary authority: a lawyer in a jx is subject to that jx discipline, regardless of where conduct occurs. Also applies if a lawyer is not admitted in that jx but provides or offers any legal services in that jx. Can be subject to multiple jx discipline for the same conduct. (8.5a)
Choice of law: in a jx, rules of professional conduct to be applied are:
1) for conduct in connection with a matter pending before a tribunal, the rules of the jx where the tribunal sits applies, unless tribunal rules provide otherwise
2) for other conduct, the jx where the conduct occurred provides the rules; or if the predominant effect of the conduct is in a different jx, the rules of that jx will apply.
The lawyer shall not be subject to discipline if their conduct conforms to the rules of a jx where they reasonably believe the predominant effect of their conduct will occur. (8.5b)
