Also known as: dishonesty · fraud · deceit · misrepresentation · fraudulent · deceitful · fraudulent misrepresentation · material misrepresentation
Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving untruthfulness or deception. The phrase captures a broad range of misleading behavior that can undermine legal proceedings, transactions, or professional integrity.
Doris Duffy told the homeowner she was a city inspector needing to check the furnace. Once inside the home, Doris used the entry to commit theft. The homeowner's consent was obtained through the false representation, satisfying the constructive breaking element.
Dustin Donovan accepted the deed at closing without discovering that the seller had concealed a foundation defect. After closing, Dustin sued for the defect. The merger doctrine did not bar the claim because the seller's nondisclosure amounted to fraud.
Derek Douglas filed a complaint alleging that Dover Bank made false statements to induce a loan. The complaint listed the exact dates, speakers, and content of each statement. The particularity requirement was met because the circumstances of the fraud were detailed.
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Denise Donovan learned that her client planned to submit false documents in a regulatory filing. After advising the client against the conduct, Denise withdrew from representation. The client's persistence in the fraudulent plan required termination of the relationship.
David Dawson commingled corporate funds with personal accounts and undercapitalized Diamond Manufacturing. Creditors sued David personally after the corporation defaulted. The corporate form was disregarded because adherence would sanction fraud.
Dylan Duffy offered a will for probate that left the estate to a caregiver. Heirs challenged the will claiming the caregiver procured it by misrepresenting the testator's health. The heirs bore the burden of proving fraud to invalidate the will.
The phrase covers any act involving untruthfulness or deception, including false statements to clients, courts, or third parties. It applies even without criminal conviction if the conduct reflects adversely on fitness.
The rule reaches conduct involving dishonesty or misrepresentation regardless of whether the actor subjectively intended harm. Knowledge or recklessness in making false statements is typically sufficient.
A party must avoid any misrepresentation to courts and must correct false statements made to the tribunal. Failure to disclose material facts when required also constitutes a violation under related rules.