Rule 8.4: Misconduct Flashcards
What is the Purpose of Rule 8.4?
Outlines various forms of professional misconduct for lawyers. It specifies actions that can lead to disciplinary action, focusing on unethical behavior, criminal activity, dishonesty, and improper conduct in legal practice
Under Rule 8.4, It is Professional Misconduct for a Lawyer to: (7)
- Violate Rules of Professional Conduct
- Committing a Criminal Act
- Engaging in Dishonesty, Fraud, Deceit, or Misrepresentation
- Conduct Prejudicial to the Administration of Justice
- Improper Influence
- Assisting Judicial Misconduct
- Harassment or Discrimination
Under Rule 8.4(a), A Lawyer violates or attempts to violate the Rules of Professional Conduct if they: (2)
- Knowingly assist or induce someone else to violate the rules
- Use the acts of another to violate the rules indirectly
Under Rule 8.4(b), A lawyer commits misconduct if they commit a criminal act that:
Adversely affects their honesty, trustworthiness, or fitness to practice law
(Lawyer convicted of fraud or embezzlement)
Under Rule 8.3(c), A Lawyer engages in misconduct if they:
Participate in or commit any conduct involving dishonesty, fraud, deceit, or misrepresentation
(Ex: Falsifying evidence or making false statements to the court)
Under Rule 8.3(d), a lawyer’s conduct can be considered misconduct if:
It is prejudicial to the administration of justice
Under Rule 8.3(e), it is misconduct if a lawyer:
States or implies that they can improperly influence a government agency or official or achieve results through means that violates the rules of professional conduct or law
(Ex: lying about having personal connections to a judge/government official)
Under Rule 8.3(f), it is misconduct if:
A lawyer knowingly assists a judge or judicial offer in violating applicable rules of judicial conduct or law
Under Rule 8.3(g), A lawyer engages in misconduct if they:
Knowingly or reasonably should know their conduct is harassment or discrimination based on:
Race, Sex, Religion, National Origin, Ethnicity, Disability, Age, Sexual Orientation,
What Does 8.3(g), NOT LIMIT a Lawyers ability to do?
- Accept, Decline or Withdraw from a representation (In accordance with Rule 1.16)
- Provide legitimate advice or advocacy related to these issues in a manner consistent with ethical rules
