204 Pa. Code r. 3.9 - Advocate in Nonadjudicative Proceedings
A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.
Comment:
(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
Rules 3.3(a) through
(c),
3.4 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 lawyer's 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 client's 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 client's affairs conducted by government investigators or
examiners. Representation in such matters is governed by Rules
4.1 through
4.4.
Notes
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