skip navigation
search

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.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


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 “engaging in conduct that is prejudicial to the administration of justice.”

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

This section has not yet been completed.

8.1:210      Bar Admission Agency

This section has not yet been completed.

8.1:220      Bar Admission Requirements

This section has not yet been completed.

8.1:230      Admission on Motion

This section has not yet been completed.

8.1:240      Admission Pro Hac Vice [see also 5.5:230]

This section has not yet been completed.

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

This section has not yet been completed.

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:

This section has not yet been completed.

8.1:410      Protecting Client Confidential Information

This section has not yet been completed.

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:

This section has not yet been completed.

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 “public legal officers,” as well. While DR 8-102 only precludes statements that are known to be false, LRPC 8.2 also prevents statements made with “reckless disregard as to its truth or falsity.” 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

This section has not yet been completed.

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

This section has not yet been completed.

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 “a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”

LRPC 8.3(b) provides that lawyers shall reveal unprivileged information concerning another lawyer or judge to investigative authorities “upon proper request.” 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 “a substantial question as to the judge’s fitness for office.” 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

This section has not yet been completed.

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

This section has not yet been completed.

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

This section has not yet been completed.

8.4   Rule 8.4 Misconduct

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 “lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” MR 8.4(b) is more limited, finding as a basis for misconduct only those criminal acts that “reflect adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer” 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 “misconduct.” DR 1-102(a)(1) and (2) also prevent lawyers from violating Disciplinary Rules on their own or “through the actions of another.” 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 “dishonesty, fraud, deceit or misrepresentation.” LRPC 8.4(d) and DR 1-102(A)(5) both prevent a lawyer from engaging in conduct that is “prejudicial to the administration of justice.” 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 “solely to obtain an advantage in a civil matter.”

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

This section has not yet been completed.

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

This section has not yet been completed.

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

This section has not yet been completed.

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

This section has not yet been completed.

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 §

This section has not yet been completed.

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 §

This section has not yet been completed.

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

This section has not yet been completed.

8.4:900   Threatening Prosecution

Primary Louisiana References: LA Rule 8.4
Background References: Other Jurisdictions
Commentary: ABA/BNA § 1:801, 61:601

This section has not yet been completed.

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 “although engaged in practice elsewhere.” 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, “regardless of where the lawyer’s conduct occurs.” 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

This section has not yet been completed.

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

This section has not yet been completed.

Copyright
About us
Send email