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7 Cards in this Set
- Front
- Back
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Rule 4.1: Truthfulness in Statements to Others |
In the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third before a third person. |
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Rule 8.3(c): Reporting Professional Conduct |
(a) A L who knows that another L has committed a violation of theRules of Professional Conduct that raises a substantial question as to that lawyer’s honesty,trustworthiness or fitness as a lawyer shall report such knowledge to a tribunal or otherauthority empowered to investigate or act upon such violation. (c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program. |
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Rule 8.4: Misconduct |
A lawyer or law firm shall not:(a) violate or attempt to violate the Rules of Professional Conduct, knowinglyassist or induce another to do so, or do so through the acts of another;(b) engage in illegal conduct that adversely reflects on the lawyer’s honesty,trustworthiness or fitness as a lawyer;(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation. |
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Exigent Circumstances - People vs. Paulter |
Facts: A district attorney spoke to dangerous criminal suspect--impersonating a defense attorney. Charged with violations of Rules 8.4 and 4.3 (contact with unrepresented persons rule) HELD: Rules are mandatory; ends do not justify the means. o Punishment: Suspended 3-month suspension; 12-month probation. |
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The Silent Associate - Daniels v. Alexander (CT) |
Facts: Ex parte submission to family court was argued by P with A attending. P made materially false representations to the court while in A’s presence. Held, against A: (1) Rule 3.3(a)(1) can apply based on conduct, not just verbal statements. Furthermore, duties areheightened in ex parte proceedings under Rule 3.3(d); (2) Easily rejected A’s argument about materiality; the line of inquiry was pivotal to the issues before ct; (3) No rule protects associates; see particularly Rule 3.3(d). |
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State Approaches to Misrepresentations |
DC: “A lie is not a lie if it does not affect a person’s fitness to be a lawyer.” CO: Make Your Lawyers Stop Lying OR: Created a “covert activity rule” that levels the playing field (both crim and civil) but includes alimitation (“two wrongs don’t make a right”). VA: Encodes formulation “reflects adversely on L’s fitness to practice law.” Problem: Unclear, post hoc review; will require case law development to clarify. IL: Have the Players Come to an Understanding UT: Pretend the Problem Doesn’t Exist..Where the ethics committee writes an opinion suggesting that the rule cannot or should not be read literally. |
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NYC Bar Proposed Amendment to Rule 8.4 (Misconduct) |
Permits L's "advising or supervising another in conducting an otherwise lawful undercover investigation that does not violate 4.2" |
