RPC 8: Maintaining the Integrity of the Profession

8.1 Application/Discipline

Cannot knowingly make a false statement of fact, fail to disclose a fact necessary to correct a known misapprehension, or knowingly fail to respond to a demand for information. Exceptions for 1.6 info

Past Criminal Conduct Generally

Disqualified only for crimes of moral turpitude. Mainly crimes involving violence or intentional dishonesty. Concealment of past conduct counts as moral turpitude. Can demonstrate rehabilitation

8.4a Violation of RPC

It is professional misconduct to violate or attempt to violate the RPC, knowingly assist or induce another to violate the RPC, or to use the acts of another to violate the RPC

Certain Criminal Acts 8.4b

A lawyer is subject to discipline for committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects. The crime must involve some characteristic that is relevant to the practice of law.

Dishonesty 8.4c

Any conduct involving dishonesty, fraud, deceit, or misrepresentation constitutes professional misconduct

Prejudicial to the Administration of Justice 8.4d

A lawyer is subject to discipline for engaging in conduct that is prejudicial to the administration of justice, such as falsifying evidence, frivolous claims, or improper delaying tactics

Statements on Influence 8.4e

a lawyer must never state or imply that he has the ability to influence a government agency official or to achieve results by means that violate the law or legal ethics rules

Assisting Judicial Violations 8.4f

a lawyer is subject to discipline for KNOWINGLY assisting a judge or judicial officer in conduct that violates the CJC or other law

Harassment or Discrimination 8.4g

A lawyer may not discriminate in conduct related to the practice of law. This does not extend to peremptory challenges or withdrawing from representation via 1.16.

Duty to Report 8.3

a lawyer who knows that another lawyer has violated the RPC in such a way that it raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer must report it.

Duty To Report May vs Must

A lawyer may report suspected misconduct but must report known misconduct

Exceptions for Failure to Report

8.3 does not require disclosure of confidential information, such as info learned when representing the other lawyer or some other client, or information gained while serving in a lawyer’s assistance program

Tribunal Disciplinary Choice of Law 8.5

If conduct was before a tribunal, then use the tribunal’s Jx unless their rules say otherwise.

General Disciplinary Choice of Law 8.5

Use rules of the Jx where there conduct occurred. If the predominant effect of the conduct is in a different Jx, use the rules of the other Jx.

8.5 exception

Not subject to discipline if the conduct is proper in the Jx the lawyer reasonably believes the predominant effect will occur in.