204 Pa. Code r. 8.4 - Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules
of Professional Conduct, knowingly assist or induce another to do so, or do so
through the acts of another;
(b)
commit a criminal act that reflects adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty,
fraud, deceit or misrepresentation, except that a lawyer may advise, direct, or
supervise others, including clients, law enforcement officers, and
investigators, who participate in lawful investigative activities;
(d) engage in conduct that is prejudicial to
the administration of justice;
(e)
state or imply an ability to influence improperly a government agency or
official or to achieve results by means that violate the Rules of Professional
Conduct or other law;
(f) knowingly
assist a judge or judicial officer in conduct that is a violation of applicable
rules of judicial conduct or other law; or
(g) in the practice of law, knowingly engage
in conduct constituting harassment or discrimination based upon race, sex,
gender identity or expression, religion, national origin, ethnicity,
disability, age, sexual orientation, marital status, or socioeconomic status.
This paragraph does not limit the ability of a lawyer to accept, decline or
withdraw from a representation in accordance with 1.16. This paragraph does not
preclude advice or advocacy consistent with these Rules.
Comment:
(1) Lawyers are subject to discipline when
they violate or attempt to violate the Rules of Professional Conduct, knowingly
assist or induce another to do so or do so through the acts of another, as when
they request or instruct an agent to do so on the lawyer's behalf. Paragraph
(a), however, does not prohibit a lawyer from advising a client of action the
client is lawfully entitled to take.
(2) Many kinds of illegal conduct reflect
adversely on fitness to practice law, such as offenses involving fraud and the
offense of willful failure to file an income tax return. However, some kinds of
offenses carry no such implication. Traditionally, the distinction was drawn in
terms of offenses involving "moral turpitude." That concept can be construed to
include offenses concerning some matters of personal morality, such as adultery
and comparable offenses, that have no specific connection to fitness for the
practice of law. Although a lawyer is personally answerable to the entire
criminal law, a lawyer should be professionally answerable only for offenses
that indicate lack of those characteristics relevant to law practice. Offenses
involving violence, dishonesty, breach of trust, or serious interference with
the administration of justice are in that category. A pattern of repeated
offenses, even ones of minor significance when considered separately, can
indicate indifference to legal obligation.
(3) For the purposes of paragraph (g),
conduct in the practice of law includes:
(i)
interacting with witnesses, coworkers, court personnel, lawyers, or others,
while appearing in proceedings before a tribunal or in connection with the
representation of a client;
(ii)
operating or managing a law firm or law practice; or
(iii) participation in judicial boards,
conferences, or committees; continuing legal education seminars; bench bar
conferences; and bar association activities where legal education credits are
offered. The term "the practice of law" does not include speeches,
communications, debates, presentations, or publications given or published
outside the contexts described in (i)-(iii).
(4) "Harassment" means conduct that is
intended to intimidate, denigrate or show hostility or aversion toward a person
on any of the bases listed in paragraph (g). "Harassment" includes sexual
harassment, which includes but is not limited to sexual advances, requests for
sexual favors, and other conduct of a sexual nature that is
unwelcome.
(5) "Discrimination"
means conduct that a lawyer knows manifests an intention: to treat a person as
inferior based on one or more of the characteristics listed in paragraph (g);
to disregard relevant considerations of individual characteristics or merit
because of one or more of the listed characteristics; or to cause or attempt to
cause interference with the fair administration of justice based on one or more
of the listed characteristics.
(6)
A lawyer may refuse to comply with an obligation imposed by law upon a good
faith belief that no valid obligation exists. The provisions of Rule
1.2(d)
concerning a good faith challenge to the validity, scope, meaning or
application of the law apply to challenges of legal regulation of the practice
of law.
(7) Lawyers holding public
office assume legal responsibilities going beyond those of other citizens. A
lawyer's abuse of public office can suggest an inability to fulfill the
professional role of lawyers. The same is true of abuse of positions of private
trust such as trustee, executor, administrator, guardian, agent and officer,
director or manager of a corporation or other
organization.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.