Louisiana Legal Ethics
VIII. MAINTAINING THE INTEGRITY OF THE PROFESSION
8.1 Rule 8.1 Bar Admission and Disciplinary Matters
8.1:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 8.1
¥ Background References: ABA
Model Rule 8.1, Other Jurisdictions
¥ Commentary:
8.1:101 Model Rule Comparison
The complete text of MR 8.1(a) and (b) was adopted in LRPC 8.1(a) and (b). The Model Rules have no counterpart to LRPC 8.1(c) which precludes lawyers from failing to cooperate with the Committee on Professional Responsibility in their investigations.
8.1:102 Model Code Comparison
LRPC 8.1 prevents applicants for admission to the bar and other lawyers in connection with that application from knowingly making false statements of fact, failing to correct misapprehensions, knowingly failing to respond to lawful demands for information or failing to cooperate with the Committee on Professional Responsibility in its investigation of matters before it. DR 1-101(A) also prevents applicants from making materially false statements of fact or from failing to disclose material facts requested in connection with their applications. The Model Code does not explicitly require applicants to correct misapprehensions they know have arisen in regards to the application. The Model Code has no counterpart to the requirement in LRPC 8.1(c) which requires applicants and attorneys to cooperate with the investigations of the Committee on Professional Responsibility, although DR 1-103(B) requires lawyers to disclose unprivileged information about other lawyers when requested by an authority with investigatory power. The Model Code does not address the conduct of lawyers who have already been admitted to the bar in the application process. DR 1-101(B) merely prevents lawyers from furthering the applications of individuals who they know to be unqualified. DR 1-102(A)(5) also prevents lawyers from Òengaging in conduct that is prejudicial to the administration of justice.Ó
8.1:200 Bar Admission
¥ Primary Louisiana References:
LA Rule 8.1
¥ Background References: ABA
Model Rule 8.1, Other Jurisdictions
¥ Commentary: ABA/BNA ¤¤ 21:101, 10l:1, ALI-LGL ¤
2, Wolfram ¤¤ 15.2, 15.3
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8.1:210 Bar Admission Agency
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8.1:220 Bar Admission Requirements
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8.1:230 Admission on Motion
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8.1:240 Admission Pro Hac Vice [see also 5.5:230]
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8.1:300 False Statements of Material Fact in Connection with Admission or Discipline
¥ Primary Louisiana References:
LA Rule 8.1(a)
¥ Background References: ABA
Model Rule 8.1(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤¤ 21:301, 101:201, Wolfram
¤ 15.3.1
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8.1:400 Duty to Volunteer Information to Correct a Misapprehension
¥ Primary Louisiana References:
LA Rule 8.1(b)
¥ Background References: ABA
Model Rule 8.1(b), Other Jurisdictions
¥ Commentary:
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8.1:410 Protecting Client Confidential Information
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8.1:500 Application of Rule 8.1 to Reinstatement Proceedings
¥ Primary Louisiana References:
LA Rule 8.1(b)
¥ Background References: ABA
Model Rule 8.1(b), Other Jurisdictions
¥ Commentary:
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8.2 Rule 8.2 Judicial and Legal Officials
8.2:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 8.2
¥ Background References: ABA
Model Rule 8.2, Other Jurisdictions
¥ Commentary:
8.2:101 Model Rule Comparison
The text of LRPC 8.2 is identical to that in its counterpart, MR 8.2.
8.2:102 Model Code Comparison
LRPC 8.2(a) prevents a lawyer from making statements about the qualifications or integrity of a judge, adjudicatory officer or candidate for a judicial or legal office with reckless disregard as to its truth or falsity. DR 8-102(A) and (B) prevent similar statements from being made against candidates for judicial office, judges or other adjudicatory officers. The Louisiana Rule is broader, preventing such statements from being made about Òpublic legal officers,Ó as well. While DR 8-102 only precludes statements that are known to be false, LRPC 8.2 also prevents statements made with Òreckless disregard as to its truth or falsity.Ó LRPC 8.2(b) requires candidates for judicial office to comply with the Code of Judicial Conduct. Likewise, DR 8-103(A) requires candidates for judicial office to comply with the Code of Judicial Conduct.
8.2:200 False Statements About Judges or Other Legal Officials
¥ Primary Louisiana References:
LA Rule 8.2(a)
¥ Background References: ABA
Model Rule 8.2(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:601, ALI-LGL ¤ 174, Wolfram
¤ 11.3.2
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8.2:300 Lawyer Candidates for Judicial Office
¥ Primary Louisiana References:
LA Rule 8.2(b)
¥ Background References: ABA
Model Rule 8.2(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:601, ALI-LGL ¤ 174, Wolfram
¤ 17.2
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8.3 Rule 8.3 Reporting Professional Misconduct
8.3:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 8.3
¥ Background References: ABA
Model Rule 8.3, Other Jurisdictions
¥ Commentary:
8.3:101 Model Rule Comparison
LRPC 8.3(a) requires lawyers to report unprivileged knowledge of violations of the Code of Professional Conduct. MR 8.3(a) is more limited than its Louisiana counterpart as it requires lawyers to report only violations that raise Òa substantial question as to that lawyerÕs honesty, trustworthiness or fitness as a lawyer in other respects.Ó
LRPC 8.3(b) provides that lawyers shall reveal unprivileged information concerning another lawyer or judge to investigative authorities Òupon proper request.Ó The Model Rule has no counterpart. Instead, MR 8.3(b) requires lawyers with knowledge that a judge has violated the rules of judicial conduct to reveal such violations when they raise Òa substantial question as to the judgeÕs fitness for office.Ó While LRPC 8.3(a) expressly provides that only unprivileged information be reported, MR 8.3(a) does not. Nevertheless, LRPC 8.3(c) and MR 8.3(c) both exempt information protected by LRPC 1.6 and MR 1.6 from disclosure. Unlike its Louisiana counterpart, MR 8.3(c) also provides that information obtained by a lawyer while serving in an approved lawyers assistance program is exempted from disclosure to the extent that it would be protected if subject to the attorney-client privilege.
8.3:102 Model Code Comparison
LRPC 8.3(a) is substantially similar to DR 1-103(A). The only difference is that, while DR 1-103(A) requires lawyers to report violations of DR 1-102, LRPC 8.3(a) requires lawyers to report violations of any part of the Rules of Professional Conduct. LRPC 8.3(b) is textually identical to DR 1-103(B). The Model Code does not expressly exclude disclosure of protected information as does LRPC 8.3(c).
8.3:200 Mandatory Duty to Report Serious Misconduct
¥ Primary Louisiana References:
LA Rule 8.3(a)
¥ Background References: ABA
Model Rule 8.3(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:201, ALI-LGL ¤ 5, Wolfram
¤ 12.10
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8.3:300 Reporting the Serious Misconduct of a Judge
¥ Primary Louisiana References:
LA Rule 8.3(b)
¥ Background References: ABA
Model Rule 8.3(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:201, ALI-LGL ¤ 5, Wolfram
¤ 12.10
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8.3:400 Exception Protecting Confidential Information
¥ Primary Louisiana References:
LA Rule 8.3(c)
¥ Background References: ABA
Model Rule 8.3(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:201, ALI-LGL ¤¤ 113-117A,
Wolfram ¤ 12.10
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8.4:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 8.4
¥ Background References: ABA
Model Rule 8.4, Other Jurisdictions
¥ Commentary:
8.4:101 Model Rule Comparison
The text of LRPC 8.4(a) was adopted directly from the text of MR 8.4(a). LRPC 8.4(b) provides that it is misconduct for lawyers to commit any criminal acts especially those that reflect adversely on the ÒlawyerÕs honesty, trustworthiness or fitness as a lawyer in other respects.Ó MR 8.4(b) is more limited, finding as a basis for misconduct only those criminal acts that Òreflect adversely on the lawyerÕs honesty, trustworthiness or fitness as a lawyerÓ as misconduct. Thus, under the Model Rules, all criminal acts of a lawyer are not automatically considered misconduct. The text of LRPC 8.4(c) and (d) was adopted directly from the text of MR 8.4(c) and (d). Both LRPC 8.4(e) and MR 8.4(e) provide that it is misconduct to state or imply an ability to improperly influence a government agency or official. LRPC 8.4(e) exceeds the Model Rule by also providing that the same statement or implication regarding a judge or judicial officer is also misconduct. The text of LRPC 8.4(f) was adopted directly from the text of MR 8.4(f). LRPC 8.4(g) and (h) have no counterpart in the Model Rules.
8.4:102 Model Code Comparison
LRPC 8.4(a) deems various violations of the Rules of Professional Conduct Òmisconduct.Ó DR 1-102(a)(1) and (2) also prevent lawyers from violating Disciplinary Rules on their own or Òthrough the actions of another.Ó While there is no clear counterpart to the provision in 8.4(a) which prevents a lawyer from knowingly assisting or inducing another person to violate the Rules of Professional Conduct, DR 7-102(A) and (B) and 7-104(A) serve to prevent lawyers from inducing or assisting in violations of the Disciplinary Rules.
LRPC 8.4(b) prevents a lawyer from committing criminal acts. The same type of conduct is precluded by DR 1-102(A)(3) and (6) and 7-102(A)(8). LRPC 8.4(c) and DR 1-102(A)(4) both prevent a lawyer from engaging in conduct involving Òdishonesty, fraud, deceit or misrepresentation.Ó LRPC 8.4(d) and DR 1-102(A)(5) both prevent a lawyer from engaging in conduct that is Òprejudicial to the administration of justice.Ó Both LRPC 8.4(e) and DR 9-101(C) prevent a lawyer from implying that he can improperly influence judicial or governmental officials or governmental agencies.
LRPC 8.4(f) prevents lawyers from knowingly assisting judicial officials in violating the Rules of Judicial Conduct or other laws. Although the Model Code has no counterpart, DR 1-102(A)(3) through (6), DR 7-110(A) and EC 7-34 prevent similar conduct. LRPC 8.4(g) has no counterpart in the Model Code. LRPC 8.4(h) and DR 7-105(A) both prevent a lawyer from threatening criminal charges Òsolely to obtain an advantage in a civil matter.Ó
8.4:200 Violation of a Rule of Professional Conduct
¥ Primary Louisiana References:
LA Rule 8.4(a)
¥ Background References: ABA
Model Rule 8.4(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:101, ALI-LGL ¤ 2, Wolfram
¤ 3.3
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8.4:300 Commission of a Crime
¥ Primary Louisiana References:
LA Rule 8.4(b)
¥ Background References: ABA
Model Rule 8.4(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:301, ALI-LGL ¤ 8, Wolfram
¤ 3.3.2
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8.4:400 Dishonesty, Fraud, Deceit and Misrepresentation
¥ Primary Louisiana References:
LA Rule 8.4(c)
¥ Background References: ABA
Model Rule 8.4(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:401, ALI-LGL ¤ 2, Wolfram
¤ 3.3.3
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8.4:500 Conduct Prejudicial to the Administration of Justice
¥ Primary Louisiana References:
LA Rule 8.4(d)
¥ Background References: ABA
Model Rule 8.4(d), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:501, ALI-LGL ¤ 2, Wolfram
¤ 3.3.2
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8.4:600 Implying Ability to Influence Public Officials
¥ Primary Louisiana References:
LA Rule 8.4(e)
¥ Background References: ABA
Model Rule 8.4(e), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:701, ALI-LGL ¤ 173, Wolfram
¤
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8.4:700 Assisting Judge or Official in Violation of Duty
¥ Primary Louisiana References:
LA Rule 8.4(f)
¥ Background References: ABA
Model Rule 8.4(f), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ , ALI-LGL ¤ 173, Wolfram ¤
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8.4:800 Discrimination in the Practice of Law
¥ Primary Louisiana References:
LA Rule 8.4
¥ Background References: Other
Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:301
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8.4:900 Threatening Prosecution
¥ Primary Louisiana References:
LA Rule 8.4
¥ Background References: Other
Jurisdictions
¥ Commentary: ABA/BNA ¤ 1:801, 61:601
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8.5 Rule 8.5 Disciplinary Authority; Choice of Law
8.5:100 Comparative Analysis of Louisiana Rule
¥ Primary Louisiana References:
LA Rule 8.5
¥ Background References: ABA
Model Rule 8.5, Other Jurisdictions
¥ Commentary:
8.5:101 Model Rule Comparison
LRPC 8.5 provides that a lawyer admitted to the Louisiana bar is subject to the disciplinary authority of Louisiana Òalthough engaged in practice elsewhere.Ó MR 8.5(a) provides the same substantive rule, providing that a lawyer admitted in this jurisdiction is subject to the disciplinary authority of this jurisdiction, Òregardless of where the lawyerÕs conduct occurs.Ó The remainder of MR 8.5(a) and (b) have no counterpart in the Louisiana Rules of Professional Conduct.
8.5:102 Model Code Comparison
There is no explicit counterpart to this Rule in the Model Code.
8.5:200 Disciplinary Authority
¥ Primary Louisiana References:
LA Rule 8.5
¥ Background References: ABA
Model Rule 8.5, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:2001, ALI-LGL ¤ 5, Wolfram
¤ 3.2
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8.5:300 Choice of Law
¥ Primary Louisiana References:
LA Rule 8.5
¥ Background References: ABA
Model Rule 8.5, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 101:2101, ALI-LGL ¤ 2, Wolfram
¤ 2.6.1
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