End-of-life notice: American Legal Ethics Library
As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.
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Arizona Rules of Professional Conduct
Comment - ER 3.9
[1] In representation before
bodies such as legislatures, municipal councils, and executive and administrative
agencies acting in a rule-making or policy-making capacity, lawyers present
facts, formulate issues and advance argument in the matters under consideration.
The decision-making body, like a court, should be able to rely on the integrity
of the submissions made to it. A lawyer appearing before such a body must
deal with it honestly and in conformity with applicable rules of procedure.
See ERs 3.3(a) through (c), 3.4(a)
through (c), and 3.5
[2] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this Rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.
[3] This Rule only applies
when a lawyer represents a client in connection with an official hearing or
meeting of a governmental agency or a legislative body to which the lawyer
or the lawyerĘs client is presenting evidence or argument. It does not apply
to representation of a client in a negotiation or other bilateral transaction
with a governmental agency or in connection with an application for a
license or other privilege or the clientĘs compliance with generally applicable
reporting requirements, such as the filing of income-tax returns. Nor does
it apply to the representation of a client in connection with an investigation
or examination of the clientĘs affairs conducted by government investigators
or examiners. Representation in such matters is governed by Rules
4.1 through 4.4
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