Model Rules Of Professional Conduct

Front 1

Rule 8.4 Misconduct

Back 1

Rule 8.4 Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; OR

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Front 2

What does Rule 8.4 mean by "through the acts of another"?

Back 2

MRPC 8.4 Comment [1]

Requesting or instructing an agent to do so on the lawyer's behalf.

However, a lawyer is NOT prohibited from advising a client concerning action the client is legally entitled to take.

Front 3

If a lawyer has a good-faith belief that no obligation exists under a rule, may she violate that rule?

Back 3

MRPC 8.4 Comment [4]

A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists.

The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law.

Front 4

Who has the burden of proof in disciplinary actions?

Back 4

The State

Once a lawyer passes the bar, he has a cosntitutionally protected interest. Putting the burden on the state helps protect that interest.

Front 5

Under Rule 8.4, what are criminal acts that reflect adversely on a lawyer's "fitness as a lawyer in other respects"?

Back 5

MRPC 8.4 Comment [2]

Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

Hint 5

Examples:

Fraud
Assault and battery
Wilful failure to file income tax return
Felony conviction (per se rule in most jurisdictions)
Trespassing (involves rights of 3rd parties)

Front 6

Do minor offenses affect an attorney's fitness as a lawyer?

Back 6

MRPC 8.4 Comment [2]

A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

Front 7

What is meant by "prejudicial to the administration of justice" under Rule 8.4(d)?

Back 7

Rule 8.4(d) Comment [3]

A lawyer who, in the course of representing a client, knowingly manifests by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, violates paragraph (d) when such actions are prejudicial to the administration of justice.

Legitimate advocacy respecting the foregoing factors does not violate paragraph (d).

A trial judge's finding that peremptory challenges were exercised on a discriminatory basis does not alone establish a violation of this rule.

Hint 7

Bias or prejudice based on race, sex, religion, nat'l. origin, disability, age, sexual orientation, or socioeconomic status.

NOT if the bias or prejudice is due to legitimate advocacy.

NOT discriminatory peremptory challenges