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PROFESSIONAL RESPONSIBILITY STUDY GUIDE

I) DEFINITIONS
A) Informed Consent: The agreement by a person to a proposed course of conduct after the L has comm adequate
info & explanation about the material risks of and reas available alternatives.
B) Knowledge: Actual knowledge, which may be inferred from the circumstances
C) Screened: The isolation of a L from any participation in a matter through the timely imposition of procedures reas
adequate under the circumstances to protect info that the isolated L is obligated to protect under these Rules or
other law. This is used in 1.10, 1.11, 1.12, and 1.18
II) ART I: LAWYERS DUTIES TO CLIENTS
A) 1.1 Duty of Competence: L shall provide competent rep to C, including: 1) legal knowledge & skill through
experience, assn. w/ other L, or N study; & 2) adequate thoroughness and preparation.
B) 1.2 Scope of Representation & Allocation of its Authority:
1) Limiting Scope of Rep: L may limit scope of rep if reas under circs & C gives informed consent.
2) Endorsement: Rep of C doesnt constitute endorsement of his political/econ/social/moral views/activities. But,
L must not knowingly counsel/assist C in crim/fraud conduct (but can give opinion of consequences).
3) Allocation of Authority
(a) Client: Objective of the Representation, & unless C has authorized otherwise, Settlement, Appeal,
Criminal Pleas, Criminal Jury, Criminal-D Testimony,
(b) Lawyer: Actions impliedly authorized to carry out rep, deferring to C as to expenses & TP effects
C) 1.3 Duty of Diligence: L should act w/ reas diligence/promptness when repping a C to the end of the rep. L
should zealously pursue rep despite opposition/inconvenience, but is not req to press every advantage.
1) SP should prepare for death/disability by naming caretaker of files.
D) 1.4 Duty of Communication: L shall 1) promptly inform C of circumstances req his informed consent, 2) reas
consult about means f accomplishing objectives, 3) keep C reas informed, 4) promptly acknowledge C comms, 5)
inform C of his limits when C expects assistance not permitted by the Rules/Law, & 6) reas explain matters to C.
E) 1.5 Reasonableness of L Fees:
1) Reasonableness: L shall not seek/collect an unreas amount for fees/exp. by looking to factors.
2) Comm of Feeas: L shall comm scope of rep & fee/exp. involved to C, preferably in writing, before/reas time
after commencement, unless C is reg repped by L on the same basis/rate & it is not changed.
3) Contingent Fees: L may charge CFs except in 1) crim cases, or 2) divorce/alimony/prop. CF agreement must
be written, signed, & describe calc of % & exp. After, L must provide written statement of the outcome/calc.
4) Division w/ Unassoc. Ls: L may divide fee w/ L not in firm only if 1) in proportion to services or w/ joint
responsibility, 2) C agrees in writing, & 3) the total fee is reas
F) 1.6 Duty of Confidentiality: L shall not reveal info relating to rep unless: 1) C gives informed consent; 2)
disclosure is impliedly authorized to carry out rep; 3) to prevent reas certain death/harm; 4) to prevent Cs
crime/fraud using Ls services reas certain to subst. harm $/prop interests of TP; 5) to prevent/mitigate/rectify such
harm; 6) to seek legal advice about Ls compliance w/ Rules; 7) to defend L in a controversy w/ C or based upon
Cs conduct or to respond to such allegations; 8) to comply w/ law/Ct order; or 9) to detect & resolve COIs arising
from in Ls firm/move where the info would not compromise the AC privilege or otherwise prejudice C.
1) 1.8
2) 1.18 Prospective Clients:
3) 1.9 Former Clients:

G) 1.7-1.12 Duties to Prevent Conflicts of Interest:


1) 1.7 COIs w/ Current Clients: L shall not rep a C w/ a concurrent COI, which exists if 1) the rep of a C is
directly adverse to another; or 2) theres a significant risk that rep of a C will be materially ltd. by Ls duties to
another C, a former C, or a TP, or by his personal interest; UNLESS 1) L reas believes he can provide
competent & diligent rep to each; 2) rep is not prohibited by law; 3) the conflict is not direct; and 4) each C
gives informed written consent.
2) 1.8: Specific COIs w/ Current Clients:
(a) Business Interest w/ C: L shall not enter a bus transaction w/ C or acquire an interest adverse to C unless
1) the transaction is fair/reas to C fully disclosed in understandable writing; 2) C is advised in writing to
seek counsel and given op; and 3) C gives informed written consent.
(b) Direct Disadvantage: L shall not use info of the rep to the disadvantage of C w/out Cs informed consent.
(c) Gifts: L shall not solicit substantial gifts from C or prepare instruments w/ substantial gifts unless related
(d) Literary/Media Rights: L shall not make/negot grant of lit/med rights to info relating to rep before its end
(e) Financial Assistance: L shall not provide $ assistance to a C in connection w/ lit except for costs advanced
under a CF & court costs and litigation exp. paid for an indigent client.
(f) TP Comp: L shall not accept TP comp unless C consents; no interference w/ Jd or AC; & info is protected
(g) Agg Settlements: No aggregate settlement w/ informed consent of each C to each Cs part
(h) Malpractice Ltg. Agreement: L shall not prospectively limit malpractice liability unless C is Ind. repped
or settle such claims unless C is advised to seek Ind. rep.
(i) Prop Interest in COA: L shall not acquire a prop interest in the COA except an authorized Ls lien or a CF
(j) Sex: L shall not have sex w/ Cs unless it was already happening
(k) Imputation: Any prohibition upon a L from these provisions is imputed to Ls assoc. w/ him in a firm.
3) 1.9 Duties to Former Clients:
(a) Duty of Loyalty: L may not rep a C w/ interests materially adverse to those of a former C he repped in the
same or a substantially related matter or a C whom his previous firm so reppedif he acquired material
confidential infow/out informed written consent of the former C.
(b) Duty of Confidentiality: L shall not use/reveal info relating to the former rep of a C (or present/former
firms C) to the disadvantage of the former C except as permitted by the rules or when gen. known.
4) 1.10 Imputation of COIs:
(a) Ls w/in a Firm: Ls assoc. in a firm may not rep a C when any one of them is prohibited by a COI, unless
1) it is a personal interest conflict; or 2) the conflict arises from Ls former rep w/ a prior firm and L is
screened, gets no fee, and written notice & certification of compliance is given to former C.
(b) After L Leaves Firm: When a L leaves a firm the firm is not prohibited from repping a C w/ interest
adverse to the former Ls Cs no longer repped by the firm, unless the matter is same/subst. related to that
of the former Ls C & any remaining L has confidential material info & the Cs refuse to waive.
5) 1.11 COIs of Government Officers/Employees:
(a) Former Gov. L: A former Gov. L must protect confidential info & shall not rep a C in connection w/ a
matter in which he participated personally/subst. as Gov. L unless Dept. gives informed written consent
(b) Current Gov. L: Current Gov. Ls must maintain confidentiality of info & shall not participate in matters
they participated personally/subst. outside the Gov. w/out informed consent, or negot. for employment,
but prohibitions are not imputed to assoc. Gov. Ls.
(c) Confidentiality: Ls w/ confidential Gov. info about a person acquired during Gov. service may not rep a C
w/ interests adverse to that person in a matter in which the infor could be used against him.
(d) Imputation: Disqualification of a former Gov. L is imputed to assoc. Ls unless the L is screened, gets no
fee, & written notice is given to the Gov. agency to assess compliance.

6) 1.12 COIs of Former Judge or TP Neutral: L shall not rep anyone in a matter in which he participated
personally & subst. as a judge, adjudicative officer, or TP neutral, unless all give informed consent. The
conflict is imputed to all assoc. Ls unless L is screened.
H) 1.13: Duties to Organizational Clients:
1) Client: The L reps the Org. (who acts through its constituents) not the ppl themselves. When L knows the
Org.s interests are adverse to its ppl he shall explain to them that he reps the Org. L may also rep a
constituent if there is no COI or if there is valid consent to the COIs.
2) Reporting Up: If L knows someone is/will ac/omit in a matter related to the rep that violates a legal
obligation to the Org. or harms the Org. he shall proceed in the best interests of the Org., incl. reporting the
matter to higher authority in the Org., incl. if N the highest authority that can act on behalf of the Org.
3) Reporting Out: Except for Ls hired to defend the Org., if despite Ls reporting up efforts no actions are taken
to address a clear violation of law that L is reas certain will subst. injure the org., L may reveal confidential
info regardless of ABA 1.6 to the extent he reas believes N to prevent subst. injury to the Org.
4) Ls Discharge: If believes he was discharged bc of reporting actions taken or he w/draws under such circs, he
shall assure the org.s highest authority is informed of his departure.
I) 1.14 Duties to Client w/ Diminished Capacity: When Cs capacity to make adequately considered decisions is
diminished, L shall maintain a normal AC relationship, but where L believes C is at risk for subst. phys/$/other
harm unless action is taken, he must take reas N protective action incl. consulting w/ ppl & seeking a guardian.
When doing so, L is impliedly authorized under 1.6 to reveal info to the extent reas N to protect Cs interests.
1) Where diminished C is threatened w/ imminent harm, L may take emergency legal action on his behalf.
J) 1.15 Duties in Safekeeping Property: L shall hold C funds separately in an in-state client trust account and keep
accurate records. L may deposit his own funds just to pay bank fees. L shall promptly notify C & deliver funds to
which he is entitled. When >1 claims title to prop, L shall keep it separate until the dispute is resolved.
1) L must keep prepaid fees in the C trust account & withdraw as earned.
K) 1.16 Duties in Declining or Terminating Representation:
1) Court Permission: Where lit has started, L must comply w/ law req notice & permission of Ct to terminate rep
2) Mandatory: L shall decline or terminate rep where 1) it will violate Rules/Law; 2) Ls phys/mental condition
impairs his ability to rep C; or 3) C fires L.
3) Permissive: L may withdraw from rep if 1) it will not materially adversely affect C; 2) C plans to use Ls
services for crime/fraud; 3) C has used Ls services for crime/fraud; 4) C insists on action repugnant to L or
there is a fundamental disagreement; 5) C subst. fails to fulfill an obligation to L regarding the rep & has been
warned; 6) rep will create unreas $ burden for L or was rendered unreas difficult by C; or 7) other good cause.
4) Continuing Duty to C: After end L shall take reas steps to protect Cs interests by reas notice, time to seek
other counsel, surrendering papers/prop to which C is entitled and refunding any unearned advance fee.
L) 1.17 Duties w/ Sale of Law Practice: L/Firm may sell/purchase a law practice/area if: 1) S ceases to practice
privately in the J/area or field; 2) the entire practice/area is sold; 3) S gives notice to Cs regarding the sale, Cs
right to leave, & the otherwise pending transfer of his files; and 4) fees charged to Cs are not increased by the sale
1) S may return to practice bc of an unanticipated .
M) 1.18 Duties to Prospective Clients:
1) Prospective Clients: Ppl who consult w/ L about forming an AC relationship w/ respect to a matter
2) Duty of Confidentiality: L shall not use/reveal info from a prospective client except as permitted by 1.9
3) Duty of Loyalty: L shall not rep a C w/ interests materially adverse to a PC in the same or a subst. related
matter if he received info from PC that could be significantly harmful to PC in the matter unless 1) both Cs
consent; or 2) L took reas measures to avoid disqualifying info in interview & is screened.
(a) Any COI here is imputed to all Ls assoc. w/ the L.

III) ART II: LAWYERS DUTIES AS COUNSELORS


A) 2.1 Duties as Advisor to C: L must exercise independent professional judgment and render honest, candid advice
to C. L may refer to relevant moral, econ, social, & political factors in addition to the law.
B) 2.3 Duties in Drafting C-Evals for TPs: L may provide an eval of his C to a TP if he reas believes making it is
compatible w/ the AC relationship & his duties to C. When L knows it will be materially adverse to Cs interests,
he shall not provide it w/out Cs informed consent. Confidential info is protected except as impliedly authorized.
1) Ls duties to TP are beyond the rules but L must not make false statements, exercise care, & disclose limits
C) 2.4 L Serving as TP Neutral: When L serves as a TPN by assisting 2 non-Cs to resolve a matter, he must
inform unrepped parties that he is not their rep & when he knows they dont understand he shall explain.
1) Where L serves as a TPN, he may later rep one of the parties in the same matter only if both consent under
1.12. A member of Ls firm may rep a party if the prohibited L is screened.
IV) ART III: LAWYERS DUTIES AS ADVOCATES
A) 3.1 Duty to Bring Meritorious Actions: L shall not bring/defend a proceeding or assert/controvert an issue w/out
a non-frivolous basis in law or fact or GF arg for modification of law. But, a Crim D may req every element est.
1) Frivolity: Actions are not frivolous merely bc facts are not fully developed or discovery is N, but L must
inform himself of facts/law. Actions are not frivolous bc L thinks Cs position will not prevail, but is if he is
unable to make GF arg on merits or for .
2) Discovery: L may not make a frivolous discov request or fail to make a reas effort to comply w/ a proper one.
B) 3.2 Duty to Expedite Litigation: L shall make reas efforts to expedite litigation consistent w/ Cs interests. Delay
is proper when a competent L acting in GF would do so, and not to convenience the L or frustrate opposition.
1) L may also not take actions w/out subst. purpose other than to embarrass, delay, or burden a TP.
C) 3.3 Duty of Candor to the Tribunal: L shall not knowingly 1) make a false statement of fact or law to the Ct; 2)
fail to correct a false statement of material fact/law he made; 3) fail to disclose adverse controlling legal authority
undisclosed by opposition; 4) offer false evidence (L may, but doesnt have to, offer evidence he reas believes is
false); or 5) fail to remediate false evidence offered by L, C, or W, including if N disclosure to Ct.
1) Extent & Duration: These duties continue to the end of the proceeding (final Jd entered & expiration of appeal
time) & apply even to info otherwise protected by 1.6. This applies to Ct & all ancillary proceedings (depos).
2) Ex Parte: L must inform Ct of all known material facts to enable the Ct to make an informed decision.
3) Crime/Fraud: If L knows someone is/intends to engage in crim/fraud he shall take reas remedial measures
4) Criminal D: Crim-Ds have a right to testify but not a right to assistance of counsel in perjury.
5) Lying W: To fulfill obligation of remediation, L must: 1) if prior to false testimony, dissuade C and if not
crim Drefuse to offer false evidence; 2) if after false testimony, A) remonstrate C; B) take N action such as
w/drawal for deterioration of AC relationship or prospective violation of Rules, or make disclosure to Ct.
D) 3.4 Duty of Fairness to Opposing Party/Counsel: L shall not 1) obstruct/alter/destroy evidence; 2) falsify
evidence; 3) counsel/assist W to testify falsely; 4) illegally induce W; 5) knowingly disobey Ct rules; 6) make a
frivolous discovery request or fail to make reas effort to comply w/ a prop discovery request; 7) in trial, allude to
irrelevant or inadmissible matters, assert personal knowledge of facts in issue, or state personal opinion of the
COA, credibility of W, culpability of party, or guilt of accused; or 8) request a non-C to w/hold relevant info from
opposition unless the person is a relative/employee/agent of C & L reas believes he will not be adversely affected.
1) Compensating Ws: L may pay lay-Ws & EWs expenses and may reas compensate an EW w/ a non-CF.
E) 3.5 Duty of Impartiality & Decorum of the Tribunal: L shall not 1) seek to improperly influence a judge/juror
or state an ability to do so; 2) comm ex parte w/ Judge/Juror w/out authorization; 3) comm w/ a juror post-

discharge if prohibited by law/Ct, undesired by jurpr, or to misrep/coerce/duress/harass the juror; or 4) engage in


conduct to disrupt the tribunal.
F) 3.6 Duty of Trial Publicity:
1) Rule: L shall not make out of Ct statements he knows will be disseminated & material prejudice a proceeding
2) Exception: Notwithstanding the Rule, L may state 1) boring listed info; & 2) statements reas req to protect C
from subst. undue prejudicial effect of recent publicity not initiated by L/C.
3) Imputation; No L associated w/ prohibited L may make prohibited statements.
G) 3.7 Duties of Lawyer as a W: L shall not act as an advocate at a trial in which he is likely to be a N W unless 1)
the testimony related to an uncontested issue or the nature/value of his legal services; or 2) his disqualification
would work subst. hardship on C. There is no imputation of this rule to assoc. Ls unless precluded by 1.7 or 1.9.
H) 3.8 Special Duties of Prosecutors: Crim prosecutors shall: 1) prosecute charges only w/ probable cause; 2) reas
assure D is advised of right/procedure of seeking counsel & given opp; 3) not seek waiver of pretrial rights by
unrepped Ds; 4) make timely disclosure of known exonerating/mitigating info; 5) not subpoena L for evidence
about past/present C unless the info is not protected, essential, & w/out feasible alt. source; 6) except for those w/
legit law enforcement purpose, refrain from out of Ct comments w/ subst. likelihood of prejudice to D & take reas
care to prevent prosec team from doing same; & 7) w/ new, credible, material exonerating evidence, disclose it to
Ct & if in Prosec.s J, disclose to D & undertake investigation & if CCE est. innocence, seek remedy.
1) Comment: A Prosec. is not just an advocate but a minister of justice w/ duties to D& the system.
I) 3.9 Duties of Advocates in Non-Adjudicative Proceedings: When repping a C before a leg/admin body, L shall
1) disclose that appearance is in a rep capacity & not misrep the body; 2) comply w/ laws/rules of such rep; & 3)
comply with the same Rules governing an advocate in a tribunal & w/ private persons.
V) ART IV: LAWYERS DUTIES TO THIRD PARTIES
A) 4.1 Duty of Truthfulness to Others: While repping a C, L shall not knowingly 1) make a false statement of fact
or law to a TP; or 2) fail to disclose material fact when N to avoid assisting Cs crim/fraud (unless covered by 1.6)
B) 4.2 Duty to Comm w/ Counsel of Repped Parties: When repping a C, L shall not comm about the rep w/ a
person he knows to be repped by another L w/out consent of the other L or authorization by law/Ct.
1) Parties may comm w/ each other; Where repped C initiates comm L must terminate it
2) Orgs.: Prohibits comm about subject of rep w/ constituent who 1) supervises/directs/consults w/ Corp L
concerning the matter; 2) has authority to obligate the Org.; or 3) whose act may be imputed to Org. Consent
of L not req for former constituents but L must not violate legal rights of Org. in obtaining evidence.
C) 4.3 Duties in Dealing w/ Unrepped Persons: When L deals w/ an unrepped person, he 1) shall not state/imply
that he is disinterested; 2) shall make reas efforts to correct misunderstandings of Ls role; 3) shall not give advice
to an unrepped person other than to secure counsel if he knows/should the persons interests may conflict w/ his C
D) 4.4 Duty of Respect for TPs: When repping a C, L shall not take action w/out subst. purpose than to embarrass,
delay, or burden a TP, or use methods of obtaining evidence violating legal rights. If L gets info relating to rep &
knows/should it was inadvertent, he shall promptly notify senderany other obligation/effect are outside Rules
VI) ART V: LAWYERS DUTIES WITHIN A FIRM
A) 5.1 / 5.3 Responsibilities of a Partner/Supervisory Lawyer for Subordinate Ls & Non-L Assistants:
1) Implement Measures: P/S Ls shall make reas efforts to ensure the firm has measures giving reas assurance
that all Ls & non-Ls conduct is compatible w/ professional obligations of Ls
2) Assure Compliance: A L w/ direct supervisory authority over another L or a non-L assistant shall make reas
efforts to ensure that the persons conduct is compatible with the professional obligations of Lawyers.

3) Respondeat Superior: A L is responsible for another Ls or a non-Ls violation of the RPC if: 1) he orders, or
w/ knowledge, ratifies the conduct; or 2) he is a P/S or has direct supervisory authority over the L or non-L &
knows of the conduct when it could have been avoided/mitigated but fails to take remedial action.
B) 5.2 Responsibilities of a Subordinate L: L is bound by the RPC even though he acted at the direction of another
person, but a subordinate doesnt violate the RPC by acting in accordance w/ supervisory Ls reas resolution of an
arguable Q of professional duty.
C) 5.4 Professional Independence of a Lawyer:
1) Sharing Legal Fees w/ Non-Ls: L/Firm shall not share fees w/ a non-L except 1) compensation to estate of
deceased assoc. L; 2) compensation to estate/rep selling deceased Ls practice; 3) profit sharing agreements w/
non-L employees of firm; and 4) sharing Ct awarded leal fees w/ a nonprofit Org. that referred/employed L
2) Multi-Practice: L shall not form a Pship w/ a non-L if it will, at least in part, practice law
3) TP Payor: L shall not allow one who recommends/employes/pays L to rep another to direct Ls pro. Jd.
4) Practicing in Firm Ran by Non-L: Shall not practice in a firm if a non-L holds any interest therein, is a
director/officer therein, or has the right to direct/control the Pro. Jd of the L.
D) 5.5 Unauthorized Practice of Law & Multi-J Practice of Law:
1) Rule: L shall not practice law, est. a systematic/continuous presence, or represent that he is admitted to
practice, in a J in which he does not have authorization, or assist another to do so
2) Temporary Exception: Where L is admitted in another US J & not disbarred/suspended anywhere, he may
provide legal services on a temp basis in another J 1) in assoc. w/ an admitted & participating L; 2) reas
related pending/potential proceedings if L is authorized by law/Ct to appear; 3) reas related to ADR
proceedings in this/other J if the services arise out of or are reas related to Ls practice in an admitted J & not
req pro hac vice admission; or 4) arise out of or are reas related to Ls practice in a J in which he is admitted.
3) Employer Exception: Where L is admitted in another US J & not disbarred/suspended anywhere, he may
provide legal services through an office/other presence that 1) is provided to Ls employer & w/out forum req
of pro hac vice admission; or 2) are services L is authorized by federal or other law/rule to provide in the J.
E) 5.6 Restrictions Upon Ls Rights to Practice Law: L shall participate in offering/making an agreement 1) that
restricts the rights of a L to practice after termination of the relationship (except concerning retirement benefits);
or 2) in which such a restriction is part of the settlement of a C controversy.
F) 5.7 Responsibilities Regarding Law-Related Services (LRS): Ls are subject to the RPC w/ respect to the
provision of LRS if they are provided by L to C in conjunction w/ legal services; or where L fails to take reas
measures assuring that the C knows they are not legal services & dont carry protections of the AC relationship.
VII) ART VII: LAWYERS DUTIES IN COMMUNICATING
A) 7.1 Duties in Communications Concerning Ls Services: L shall not make a false or misleading comm about
himself or his services, which occurs if it contains a material misrep of fact/law or omits a fact N to make the
statement as a whole non-misleading.
1) 7.4 Communicating Fields/Specializations: L may comm fields of practice, but not state specializations
unless 1) certified so by a state/ABA approved Org.; & 2) the name of the Org. is identified in the comm.
2) 7.5 Firm Names & Letterhead: L shall not use misleading firm names or letterhead but may use trade names
not implying a Gov./public/charitable connection, or names incl. all/some or even dead membersbut not
public officials for a subst. period in which he is not w/ firm. Firms may use the same name across Js but must
state J limits of Ls. If Ls are not assoc. together in a firm, they may not denominate themselves as such.

B) 7.2 Duties in Advertising Ls Services: L may advertise services through written/recorded/elec comm including
public media. But, L shall not pay for referrals except 1) cost of permitted ads; 2) coss of qualified legal services
plan; 3) purchasing a law practice under 1.17; or 4) a mutual referral agreement if not exclusive and C is informed
1) Any advertising comm must include the name/office of at least one L/Firm responsible for its content.
C) 7.3 Duties in Soliciting Clients:
1) Rule: L may not solicit Cs by in-person, live telephone, or real-time elec contact for pecuniary gain, unless the
person contacted is a L or has a family/personal/prior professional relationship w/ L.
2) Strong Rule: L shall not solicit by such means even when not prohibited by (a) if the target makes known his
desire to not be contacted or the solicitation involves coercion, duress, or harassment.
3) Grou Plan: L may participate in a group legal service plan not directed by him that solicits.
D) 7.6 Political Contributions to Obtain Gov. Legal Work: A L/Firm shall not accept Gov. work if it makes a
political contribution or solicits such to obtain that type of work/appointment.
VIII) ART VIII: LAWYERS DUTIES TO THE PROFESSION
A) 8.1 Duties in Bar Admission & Discipline: An applicant for admission to the bar or a L in connection w/ a bar
application or discipline shall not 1) make a false statement of material fact; 2) fail to disclose a fact N to correct a
known misapprehension; or 3) fail to respond to a lawful demand for info, except for confidential info under 1.6
B) 8.2 Duties to Judicial & Legal Officials: L shall not make known false or reckless statement concerning the
qualifications/integrity of a judge or related officer, or of a candidate for election/appointment to office.
C) 8.3 Duty to Report Professional Misconduct: A L who knows that another L or a judge has committed a
violation of the Rules that raises a subst. Q of his honesty, trustworthiness, or fitness as a L/Judge shall inform the
appropriate authority. This doesnt req disclosure of info protected by 1.6 or gained through a TLAP program.
D) 8.4 Misconduct: It is professional misconduct for a L to: 1) violate the RPC, assist another to do so, or do so
through the acts of another; 2) commit a crim act reflecting adversely on his honesty/trust/fitness as a L; 3) engage
in conduct involving dishonesty/fraud/deceit/misrep; 4) engage in conduct prejudicial to justice; 5) state/imply
ability to improperly influence a Gov. official or achieve results by means that violate law/Rules; or 6) knowingly
assist a judge/officer in conduct violating the law/Rules.
E) 8.5 Disciplinary Authority: Ls are subject to the disciplinary authority of Js in which they are admitted
regardless of where a violation occurs, and of the J where a violation occurs regardless if admitted.

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