Professional Responsibility Outline PDF

**[Professional Responsibility ]** **[Rule 1.1 Competence]** Competent representation -- legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation Cmt 1 -- Required proficiency is that of a general practitioner. Court may consider factors such as relative compl...

**[Professional Responsibility ]** **[Rule 1.1 Competence]** Competent representation -- legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation Cmt 1 -- Required proficiency is that of a general practitioner. Court may consider factors such as relative complexity of the matter, lawyer's experience and training, preparation and study by the lawyer. Cmt 2 -- Lawyer can provide adequate representation in a wholly novel field through necessary study. Cmt 4 -- Lawyer may accept representation where the required competence can be achieved by reasonable preparation **[Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer ]** Lawyer should follow client's decisions concerning the objectives of representation Always the client's decision whether to settle a matter Criminal case -- client's decision whether to enter a plea, to waive a jury trial, and whether client will testify Lawyer shall not counsel client to engage in conduct the lawyer knows is criminal or fraudulent Cmt 3 -- Client can delegate authority to lawyer to accept or reject settlement offers. Lawyer may rely on such advance authorization unless there has been a material change in circumstances. Cmt 9 -- Lawyer not precluded from giving an honest opinion about the actual consequences that appear likely from the client's conduct Cmt 10 -- When Lawyer learns of criminal or fraudulent conduct, must withdraw from representation. Withdrawal may be insufficient; may be necessary to disaffirm any opinion, document, affirmation, or the like **[Rule 1.3 Diligence ]** Reasonable diligence and promptness required when representing a client. Cmt 1 -- Lawyer should pursue matter on behalf of client despite opposition, obstruction, or personal inconvenience and take whatever ethical measures possible to vindicate the client's cause or endeavor. Zealous advocacy. Cmt 2 -- Workload must be controlled Cmt 3 -- Procrastination is the worst professional shortcoming. Lawyer not precluded from agreeing to a reasonable request for a postponement that will not prejudice the client (and may be required in some states/situations) z **[Rule 1.4 Communication ]** Promptly inform client of any decision or circumstance, reasonably consult with client about means to accomplish objective, promptly comply with requests for information. This includes if the attorney makes a mistake, misses a deadline, or the case is dismissed. Lawyer should explain matter to the extent reasonably necessary for the client to make informed decisions regarding the representation Cmt 2 -- Must always inform client of settlement offer or plea deal offer UNLESS client has already told lawyer the proposal would be acceptable or unacceptable \[Ex: Client won't accept less than \$100k\] Cmt 5 -- This rule does not apply to prospective clients **[Rule 1.5 Fees ]** Fees and expenses must be reasonable \[vague standard\] Reasonableness determined by factors: time and labor, novelty and difficulty of issues, results obtained, amount in controversy, time limitations, experience and reputation of lawyer Must make disclosures to client within reasonable time of commencing representation of fees and the scope of representation Contingent Fees are PROHIBITED in family law matters \[divorce, custody\] and criminal cases Contingent Fee Agreement must be in writing and notify client of expenses they will be liable for whether or not they prevail Lawyers can split fees if: division is in proportion to the amount of work done or each lawyer assumes joint responsibility for the case. So.. money = liability Lawyer still gets fees if withdraws for a justified reason Cmt 2 -- In a NEW client-atty relationship the understanding of fees/expenses must be promptly established Cmt 3 -- Contingency fees are subject to reasonableness standard and some appliable laws that impose a ceiling on the percentage of fees allowed Cmt 4 -- Lawyer may accept property as payment (such as an ownership interest in an enterprise) Cmt 6 -- "Family Matters" doesn't include contract for contingent fees for legal rep in connection with the recovery of post-judgment balances sue under support or alimony orders **[Rule 1.6 Confidentiality of Information ]** Lawyer shall not reveal information unless client gives informed consent Exceptions: prevent reasonably certain death or substantial bodily harm, prevent client from committing a crime or fraud while using the lawyer's services, to secure legal advice for self, establish a claim or defense related to the representation, comply with other laws (ex: child abuse reporting statutes), detect and resolve conflicts of interest Make reasonable efforts to prevent the inadvertent or unauthorized disclosure of information Cmt 3 -- Scope of this rule is not limited to the information obtained from the client; source of the information is irrelevant Cmt 4 -- Lawyer can use hypotheticals to discuss issues in the case Cmt 5 -- Lawyers in a firm can disclose information to each other unless the client has instructed that particular information to be confined to specific lawyers. Cmt 6 -- Policy is overriding value of life and physical integrity. HYPO -- lawyer who knows client has discharges toxic waste into the town's water supply may reveal information to the authorities if there's is present and substantial risk that person who drinks the water will contract a life-threatening or debilitating disease Cmt 8 -- Lawyer may disclose clients conduct after the fact if the loss suffered by the person could be rectified or mitigated Cmt 10 -- Lawyer does not have to wait for commencement of an action to disclose info necessary to establish a defense for their self Cmt 13 -- Examples of prohibited disclosure: person has consulted about possibility of divorce, person has consulted about pending criminal investigation that hasn't yet led to a public charge, corporate client seeking advice on a merger that has not been publicly announced Cmt 16 -- Lawyer should first seek to persuade the client to take suitable action to obviate the need for disclosure Cmt 17 -- Rule 3.3 trumps this rule Cmt 18 -- Reasonable efforts to prevent inadvertent disclosure/access factors: sensitivity of info, likelihood of disclosure if other safeguards were in place, cost of employing those safeguards **[Rule 1.7 Conflicts of Interest: Current Clients ]** Lawyer can't represent client if there's a concurrent conflict of interest: representation of one client would be *directly adverse* to another or there's a significant risk that the representation of one or more clients will be *materially limited* (bias) by lawyers responsibility to another client, former client, or third person Exception: lawyer reasonably believes that lawyer will be able to provide competent and diligent representation to each client, not prohibited by law, not in the same litigation, and each client gives informed consent Cmt 3 -- Lawyer should adopt reasonable procedures, appropriate to the size and type of firm, to determine the person and issues involved in matters Cmt 6 -- Example of directly adverse conflict is when a lawyer is required to cross-examine a client who appears as a witness in another manner (usually comes up in criminal cases) Cmt 8 -- Material conflict exists if the client will receive less vigorous representation. Mere possibility of harm does not require disclosure and consent, the critical question is the likelihood that a difference in interests will eventuate Cmt 9 -- Lawyer's duties of loyalty may be materially limited by responsibilities to former clients under Rule 1.9 Cmt 16 -- Same lawyer may not represent more than one criminal defendant in a capital case (even with consent!) Cmt 18 -- Informed consent: each client is aware of the foreseeable ways that the conflict could have adverse effects on their interests Cmt 20 -- Consent in writing must be obtained within a reasonable time. Cmt 22 - Sophisticated clients, like large companies with general counsel, can waive almost all conflicts. Consent more likely to be effective is experienced user of the legal system Cmt 24 -- Lawyer may take inconsistent legal positions in different tribunals at different times on behalf of different clients UNLESS it will materially limit the lawyer's effectiveness in representing another client (for example, when a decision favoring one client would create a precedent likely to seriously weaken the position taken on behalf of the other client) Cmt 31 -- Advise joint clients that information will be shared and withdraw will be required if one client decides that some matter material to representation should be kept from the other (trade secrets do not fall under this rule) **[Rule 1.8 Conflicts of Interest: Current Clients Specific Rules ]** Lawyer shall not enter into business transaction with client to acquire an ownership, possessory, security or other pecuniary interest adverse to a client Exceptions: transaction and terms are fair and reasonable, client is given reasonable opportunity to seek the advice of independent legal counsel, and consent in writing Lawyer can't solicit substantial gifts; can't be in the client's will Can't make agreement for literary rights until after representation has concluded Lawyer shall not provide financial assistance to clients unless: advance court costs and expenses of litigation for contingent case, help indigent client pay court costs and litigation, pro bono clinic can provide modest gifts for food, rent, transportation, medicine, and other basic living expenses Only accept payment from third party (someone not a client) if client has given consent and there is no interreference with the lawyer's independence of professional judgment Lawyer can't participate in aggregate civil settlement of claims or aggregated criminal pleas Lawyer can't contract with client to limit lawyer's malpractice liability, unless client has independent representation in the matter Lawyer cannot obtain a proprietary interest in cause of action or subject matter of litigation unless to acquire a lien to secure fees and contract with client for a reasonable contingent fee in civil case No sex with clients. Exception: consensual sexual relationship existed prior to the client-lawyer relationship was formed Cmt 5 -- Rule does not prohibit uses that do not disadvantage the client. Distinguish these examples: lawyer learns client intends to purchase land, lawyer can not purchase on the parcels in competition with the client... lawyer who learns a gov agency's interpretation of trade legislation during representation of one client may use the information learned to benefit the next client Cmt 6 -- Gifts to lawyers are voidable by the undue influence doctrine Cmt 9 -- Lawyer is not prohibited from agreeing that lawyers' fees will include a share in the ownership in property (publication value) Cmt 10 -- Financial assistance includes expenses like medical examinations, obtaining and presenting evidence, expert witnesses, etc Cmt 12 -- Modest gifts to client are allowed where unlikely to create conflicts of interest or create abuse. Atty cannot promising or assuring financial assistance, seeking or accepting reimbursement from client, or publicizing or advertising a willingness to provide gifts Cmt 14 -- Third-party payers have their own interests: minimizing the amount of work done / money spent on the representation, and wanting to know how the representation is progressing Cmt 18 -- Settlement of malpractice claim does not bar client from filing a disciplinary complaint Cmt 19 -- A lien against client to secure legal fees counts as a business transaction with client Cmt 22 -- The prohibition on sex with clients includes with constituents of the organization who supervise, directs, or regularly consults with the lawyer **[Rule 1.9 Duties to Former Clients ]** Lawyer can't represent another person in the same or substantially related matter in which that persons' interests are materially adverse to the interests of a former client Lawyer can't represent another person in same or substantially related matter in which a firm the lawyer formerly was associated had previously represented a client whose interests were materially adverse and lawyer had acquired information Lawyer can't use information acquired during former representation to the disadvantage of the former client except as these Rules would permit or require with respect to client or when the information has become generally known Cmt 3 -- No bright line rule for "substantially related" -- involved the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as *would normally have been obtained* in the prior representation. For organizational clients, general knowledge of policies and practices will not preclude a subsequence representation Cmt 6 -- It should be assumed that lawyers in a firm have access to information about clients **[Rule 1.10 Imputation of Conflicts of Interest General Rule ]** Lawyers in the firm are treated as one for the purposes of the rules; i.e. lawyer can't take case that someone else in the firm would be prohibited form taking Exceptions: the prohibition is based on personal interest of the disqualified lawyer Disqualified lawyer must be "screened" and notice of the procedures used should be given If lawyer later leaves firm, then the firm is no prohibited from representing a person with interest materially adverse to those of the client represented by the formerly associated lawyer UNLESS same or substantially related matter and lawyer remaining in the firm has material information Cmt 3 -- This rule doesn't prohibit representation by another atty in firm if the atty could not effectively represent the client because of strong political beliefs Cmt 8 -- The screened lawyer can still receive a salary or partnership share but not direct compensation from the matter **[Rule 1.13 Organization as Client ]** The organization is the client which operates through its authorized constituents If lawyer knows an officer of the org is engaged in action that is a violation of a legal obligation to the organization/violation of the law, and is likely to result in substantial injury to the org, then the lawyer may take reasonably necessary steps in the best interest of the organization Sometimes this means going to the highest authority in the organization If the person lawyer reports to insists upon or fails to address the issue in a timely and appropriate manner, lawyer may reveal if they reasonably believe the violation is reasonably certain to cause substantial injury to the organization Rule doesn't apply to white collar crime cases / when lawyer is representing the organization in an alleged violation of the law If lawyer is wrongfully discharged after trying to stop the action, they should assure that the highest authority is informed of the lawyer's discharge Lawyer must insure the employees/other constitutes know that the organization is the client and tell them when the organization's interests are adverse to theirs Cmt 3 -- The lawyer must accept organization's decisions concerning policy and operations Cmt 4 -- To determine the action reasonably necessary, the lawyer should consider the seriousness of the violation, motivation, consequences. If there's just a misunderstanding of the law, lawyer can ask the constituent to reconsider the matter Cmt 9 -- This rule applies to governmental agencies Cmt 10 -- Must make sure the employees know that the lawyer is for the organization and cannot provide legal representation or advice for the individual Cmt 14 -- Derivative actions that involve serious charges of wrongdoing by those in charge of the organization... there may be a conflict between the lawyer's duty to the organization and relationship with the board **[Rule 1.14 Client with Diminished Capacity ]** Lawyer should maintain a normal client-lawyer relationship with the diminished capacity client Lawyer may take reasonably necessary protective action if the client is at risk of substantial physical, financial, or other harm. May reveal necessary information to obtain the protective relief Cmt 1 -- Children as young as 5/6 have capacity. A client with diminished capacity often has ability to understand, deliberate on, and reach conclusions about matter affecting the client's own well-being. HYPO -- child custody case Cmt 3 -- Client is the client! Not a family member or caregiver Cmt 4 -- If lawyer is aware that guardian is acting adversely to the wards's interests, lawyer may have an obligation to prevent or rectify the misconduct. HYPO -- guardian ad litem taking money Cmt 5 -- When taking protective actions, lawyer should keep client's best interests in mind and avoid intrusion on client's autonomy Cmt 7 -- Laywer must always seek the least restrictive protection action Cmt 9 -- Can provide emergency legal services to individual with diminished capacity if lawyer reasonably believes person has no other lawyer or agent available **[Rule 1.15 Safekeeping Property ]** Lawyer must keep client's property separate from lawyer's property. Keep a trust account. Retainers and advancements must be placed in the trust account until the money is earned by the lawyer. Usually do a monthly bill/pay yourself Cmt 3 -- Lawyer can't hold funds to coerce client into accepting a lawyer's fee bill/disputed portion should be kept in trust until resolved **[Rule 1.16 Declining or Terminating Representation ]** Lawyer may not represent/must withdraw if: representation would violate the rules, lawyer's physical or mental condition materially impairs the lawyers' ability to represent Lawyer may not withdraw if it would materially effect the client Lawyer may withdraw if client is doing something involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent, client used serviced for crime or fraud, client insists on an action that is repugnant to the lawyer, client fails to meet their obligations for fees, representation would be an unreasonable financial burden on lawyer When withdrawing, must give proper notice to the tribunal After termination... lawyer shall take steps practicable to protect client's interests/responsible for a smooth transition. But, may retain papers until fees are paid. Cmt 1 -- Representation usually ends when the agreed-upon legal assistance has concluded. Cmt 3 -- If lawyer was appointed, approval must be granted to withdraw... Lawyer will have to keep information confidential if court asks why they want to withdraw **[Rule 1.18 Duties to Prospective Client ]** Prospective client is someone who consults with lawyer about the possibility of forming a client-lawyer relationship Lawyer shall not reveal information learned from consultation with prospective client unless 1.9 permits it for former clients Lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially the same matter if lawyer received information form the prospective client that could be significantly harmful to that person \[Example -- H and W interviewing same atty for divorce\] Conflict can be consented to if both client and prospective client consent in writing and the lawyer took reasonable measures to avoid exposure to disqualifying information (timely screened) Cmt 2 -- Lawyer's advertising or consultation might invite the submission of information if there are not clear and reasonably understandable warnings and cautionary statements that limit the lawyers' obligations. Doesn't apply to unilateral communications in response to advertisement Cmt 4 -- Lawyer should limit the initial consultation to information reasonably necessary for purpose of determining whether the take on the new case **[Rule 3.1 Meritorious Claims and Contentions ]** Lawyer shall not bring or defend a case unless there is a basis in law and fact for doing so that is not frivolous Basis includes a good faith argument for an extension, modification or reversal of existing law Exception -- criminal defense; lawyer can still hold the other side to their burden of proof Cmt 1 -- Lawyer must balance zealous advocacy with duty to not abuse legal procedure Cmt 2 - A claim is not frivolous merely because the facts have not yet been fully substantiated. A claim is not frivolous even if the lawyer believes the argument will ultimately fail **[Rule 3.3 Candor Toward the Tribunal]** Lawyer cannot make false statement of fact or law or fail to correct a statement or fail to disclose controlling authority that is directly adverse to their position if the other side doesn't bring it up Lawyer cannot offer false evidence. Exception: testimony of criminal defendant Lawyer should take remedial measures like ask client/witness to correct the record or disclose to the court if they won't correct the record Cmt 1 -- Rule applies to hearings but also depositions Cmt 2 -- Lawyer is not required to present an impartial exposition of the law or vouch for the evidence, but lawyer must not allow court to be misled by false statements of law or fact Cmt 7 -- Lawyer can't present false evidence, but can let the criminal defendant "tell their story" on the stand even if they know it will be false testimony Cmt 8 -- Rule only prohibits evidence the lawyer ***knows*** is false; reasonable belief that evidence is false does not preclude its presentation to the trier of fact Cmt 12 -- Any conduct that undermines integrity of adjudicative process is prohibited: bribing, intimidating witnesses, jurors, court officials or by destroying or concealing evidence Cmt 13 -- Duty ends at the conclusion of proceeding (affirmed on appeal or time for review has passed) **[Rule 3.4 Fairness to Opposing Party and Counsel ]** Lawyer cannot obstruct other party's access to evidence or alter, conceal, or destroy material having potential evidentiary value Lawyer shouldn't make frivolous discovery requests or fail to make reasonably diligent effort to reply to opposing party's requests In trial, lawyer cannot allude to any matter that is not relevant or will not be supported by admission evidence Lawyer cannot request anyone beside client from refraining from voluntarily giving relevant information to another party. Exceptions: employees/agents Cmt 2 -- Lawyer may take temporary possession of physical evidence of client crimes for the purpose of conducting a limited examination that will not alter or destroy material characteristics of the evidence... then turn evidence over to the police or other prosecuting authority **[Rule 3.5 Impartiality and Decorum of the Tribunal ]** Lawyer should not influence judge, juror or have ex parte communications with such a person Lawyer can communicate with juror after the discharge of the juror if unless prohibited by law, juror has made known the desire to not communicate with the lawyer, the communication involves misrepresentation, coercion, duress, or harassment Lawyer cannot do anything to disrupt the tribunal Cmt 5 -- Disruption rule applies to depositions **[Rule 3.6 Trial Publicity ]** Lawyer cannot make extrajudicial statements that will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter (trial) Lawyer may share the following: claim, offense, defense, public record, scheduling of any step in litigation, results of any step, request for assistance in obtaining evidence and information, warning of danger In a criminal case, can also share the identity, resident, occupation, and family status of the accused & information necessary to aid in apprehension Lawyer can make a statement in response if lawyer believes its required to protect client from substantial undue prejudicial effect of the recent publicity not initiated by the lawyer or client Cmt 1 -- Public has right to know about threats to safety & a legitimate interest in the conduct of judicial proceedings Cmt 3 -- Only applies to lawyers actually involved in case / so can comment on case not involved in Cmt 5 -- Subjects that are more likely than not to have a material prejudicial effect on proceeding: character, credibility, reputation, criminal record, possibility of guilty plea, performance or results of any examination or tests, opinion on guilt or innocence of defendant, inadmissible evidence, Cmt 7 -- Response statements should only contain information necessary to mitigate harm **[Rule 3.7 Lawyer as Witness ]** Lawyer shall not act as advocate and witness in the same trial Exceptions: uncontested testimony (tax return, license application), testimony about lawyer's fees, disqualification of lawyer would cause substantial hardship on the client Cmt 1 -- Witness's role is to testify on the basis of personal knowledge; advocate's role is to explain and comment on evidence given by others Cmt 4 -- Balance between interests of the client and those of the tribunal and the opposing party/ Test: whether both parties could reasonably foresee that the lawyer would probably be a witness **[Rule 3.9 Advocate in Nonadjudicative Proceedings ]** A lawyer representing client before legislative body or admin agency should disclose that the appearance is in a representative capacity & conform to the Rules Cmt 2 -- No right to appear before nonadjudicative bodies like atty has right to appear before court Cmt 3 -- Rule does not apply to representation of client in negotiation or other bilateral transaction with a government agency (application for license, tax return) **[Rule 4.1 Truthfulness in Statements to Others ]** In the course of representation, lawyer may not make false statements of material fact to law to anyone or fail to disclose material facts when disclosure is required Cmt 1 -- A misrepresentation can occur if lawyer incorporates or affirms a statement of another person that the lawyer knows to be false. Misrepresentations also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements Cmt 3 -- Disclosure of information relating to representation may be necessary for the lawyer to avoid being deemed to have assisted in the client's crime or fraud **[Rule 4.2 Communication with Person Represented by Counsel ]** Lawyer cannot communicate about a matter with a person the lawyer knows to be represented by another lawyer in the matter Cmt 3 -- Rule applies even if the represented person initiates the communication Cmt 4 -- Parties to a matter may communicate with each other directly Cmt 7 -- Lawyer also cannot communicate with constituents of organization who supervise, direct, or consults with the organizations' lawyer Cmt 8 -- Rule only applies in circumstances where the lawyers knows that the person is in fact represented in the matter to be discussed / must stop communication once they learn of it **[Rule 4.3 Dealing with Unrepresented Person ]** When acting on the behalf of client, dealing with unrepresented person, must be clear to the unrepresented person that the lawyer is not disinterested. If lawyer reasonably knows that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer should make reasonable efforts to correct the misunderstanding Cmt 1 -- This rule includes identifying who the client is to the third person and when necessary, explaining that the client has interests opposed to those of the unrepresented person Cmt 2 -- Only advice that can be given is advice to obtain independent legal counsel. Does not prohibit a lawyer from negotiating the terms of at transaction or settling a dispute with an unrepresented person **[Rule 4.4 Respect for Rights of Third Persons]** Lawyer should not use means that have no substantial purpose other than to embarrass, delay, or burden third persons or use methods that would violate the legal (privacy) rights of the person Lawyer who receives document or information that was sent inadvertently shall send prompt notification to the sender Cmt 1 -- Rule also prohibits intruding on privileged relationships like lawyer-client privilege Cmt 2 -- Reception of inadvertently sent information includes embedded metadata **[Rule 5.1 Responsibilities of Partners, Managers, and Supervisory Lawyer ]** Partner or managing attorneys in a firm should make reasonable efforts to ensure the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules. Lawyer is responsible for another's lawyer's violation if the lawyer order or ratifies the conduct or lawyer is the manager/partner supervising the attorney and knows of the conduct at a time when its consequences could be avoided or mitigated but fails to intervene. Cmt 2 -- Firm should have internal policies and procedures for conflicts of interests, client funds, etc. Cmt 5 -- Partners have at least indirect responsibility for all work being done by the firm. **[Rule 5.2 Responsibilities of a Subordinate Lawyer ]** A subordinate lawyer does not violate the rules if the lawyer acts in accordance with a supervising lawyer's reasonable resolution of an arguable question of professional duty. Cmt 1 -- Example of filing a frivolous pleading at direction of supervisor. Cmt 2 -- The supervisor may assume responsibility for making the judgment call. **[Rule 5.3 Responsibilities Regarding Nonlawyer Assistance ]** Lawyers should make reasonable efforts to ensure the firm has measures in effect to give reasonable assurance that nonlawyer assistants' conduct is compatible with the professional obligations of the lawyer. Lawyer is responsible for conduct that the lawyer orders, or ratifies the conduct. Cmt 2 -- Lawyers should give assistance appropriate instruction and supervision, especially for disclosing information about clients. **[Rule 5.4 Professional Independence of a Lawyer ]** Lawyer can't share legal fees with nonlawyer except: after lawyers death, lawyer purchasing the practice of deceased lawyer, including nonlawyer employees in compensation and retirement plans. Cmt 1 -- These limitations are in place to protect the lawyer's professional independence of judgment. **[Rule 6.1 Voluntary Pro Bono Public Service ]** Lawyers have a professional responsibility to provide legal services to those unable to pay. Usually 50 hours a year pro bono required. **[Rule 6.2 Accepting Appointments ]** Lawyer shall not seek to avoid appointments except for good cause such as unreasonable financial burden on the lawyer, client or cause is repugnant to the lawyer. Cmt 2 -- Good cause exists if the lawyer could not handle the matter competently or it would result in a conflict of interest. **[Rule 8.1 Bar Admission and Disciplinary Matters ]** An applicant for admission to bar shall not knowingly make a false statement or fail to disclose a fact necessary to correct misapprehension or knowingly fail to respond to request for information. Cmt 1 -- Applies to lawyer's own admission or discipline as well as that of others. So separate offense for lawyer to knowingly make a misrepresentation or omission in connection with a disciplinary investigation. The rule also requires the correction of any prior misstatement. Cmt 2 -- This rule is subject to the Fifth Amendment. **[Rule 8.3 Reporting Professional Misconduct ]** A lawyer who knows another lawyer has committed a violation that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer, shall inform appropriate authority. Applies to judges that the lawyer knows have committed a violation of rules of judicial conduct. This rule does not apply to information learned while participating in an approved lawyers assistance program. (Don't want to discourage seeking help) Cmt 1 -- Reporting a violation is especially important when the victim will likely not discover the offense. **[Rule 8.4 Misconduct ]** It is misconduct to: violate the rules, commit a crime that reflects on honesty, engage in fraud or misrepresentation, prejudice the administration of justice, state or imply an ability to improperly influence a gov agency or official, knowingly assist judge in conduct that's a violation of judicial code, engage in conduct that lawyers knows or reasonably should know is harassment or discrimination on the basis of sex, religion, nationality, etc. Cmt 2 -- Lawyer only professionally responsible for crimes of "moral turpitude" -- violence, dishonesty, breach of trust, serious interference with administration of justice.