职业行为准则
规则8.4:不当行为
It is professional misconduct for a lawyer to:
(a) Violate or attempt to violate the 职业行为准则, knowingly assist or induce another to do so, 或通过他人的行为来实现;
(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, 诚信, or fitness as a lawyer in other respects;
(c) Eng年龄 in conduct involving 不诚实, fraud, deceit, or misrepresentation;
(d) Eng年龄 in conduct that seriously interferes with the administration of justice;
(e) State or imply an ability to influence improperly a government 年龄ncy or official;
(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) Seek or threaten to seek criminal charges or disciplinary charges solely to obtain an advant年龄 in a civil matter.
评论
[1] 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. 涉及暴力的罪行, 不诚实, 违反信任, or serious interference with the administration of justice are in that category. 反复冒犯的模式, even ones of minor significance when considered separately, can indicate indifference to legal obligation.
[2] Paragraph (d)’s prohibition of conduct that “seriously interferes with the administration of justice” includes conduct proscribed by the previous Code of Professional Responsibility under DR 1-102(A)(5) as “prejudicial to the administration of justice.” The cases under paragraph (d) include acts by a lawyer such as: failure to cooperate with Disciplinary Counsel; failure to respond to Disciplinary Counsel’s inquiries or subpoenas; failure to abide by agreements made with Disciplinary Counsel; failure to appear in court for a scheduled hearing; failure to obey court orders; failure to turn over the assets of a conservatorship to the court or to the successor conservator; failure to keep the 酒吧 advised of respondent’s changes of address, after being warned to do so; and tendering a check known to be worthless in settlement of a claim against the lawyer or against the lawyer’s client. Paragraph (d) is to be interpreted flexibly and includes any improper behavior of an analogous nature to these examples.
[3] A lawyer violates paragraph (d) by offensive, 虐待, or harassing conduct that seriously interferes with the administration of justice. Such conduct may include words or actions that manifest bias or prejudice based upon race, 性, 宗教, 国家的起源, 残疾, 年龄, 性取向, 或者社会经济地位.
