Also known as: honest
Written by attorneys · grounded in primary & secondary sources — see below
A character trait or standard requiring truthfulness and freedom from deceit in statements or conduct.
Harriet Hamilton, a solo practitioner, is convicted of willfully evading income taxes by underreporting fees from clients. The disciplinary board finds that the criminal conduct reflects adversely on her honesty and subjects her to suspension, independent of the criminal sentence imposed.
Hassan Hakim republishes a defamatory statement about a rival after conducting his own investigation into its source. The rival sues for republication. Hakim's honest inquiry into the statement's origin provides no defense to liability.
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Heidi Henderson misses a client's statute of limitations deadline. She pays the client personally to hide the error and never advises seeking independent counsel about a malpractice claim. The court finds serious professional misconduct involving dishonesty beyond mere negligence.
Hannah Hughes purchases a promissory note from a seller she knows has questionable title. Because she acts without honesty in fact and disregards commercial standards of fair dealing, she fails to qualify as a holder in due course under the UCC definition of good faith.
Holly Hayes learns that another attorney has falsified court filings to conceal missed deadlines. Because the conduct raises a substantial question about the colleague's honesty and fitness, Hayes is required to report the violation to the appropriate professional authority.
Hakim Hall, a licensed attorney, is convicted of theft by deception after submitting false expense reports to a client. The conviction constitutes professional misconduct because the criminal act reflects adversely on his honesty, trustworthiness, and fitness to practice law.
Good faith requires both honesty in fact and observance of reasonable commercial standards of fair dealing. Honesty alone is insufficient when a party ignores objective commercial norms.
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A criminal act triggers discipline under Rule 8.4(b) when it reflects adversely on the lawyer's honesty, trustworthiness, or fitness to practice, even if the sentence itself is lenient.
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An honest claim of right to property can serve as an affirmative defense to theft, provided the actor genuinely believed they were entitled to the property or service.
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Rule 8.3(a) requires reporting when a lawyer knows of a violation raising a substantial question about another lawyer's honesty, trustworthiness, or fitness, unless protected by confidentiality rules.
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An honest inquiry or investigation by the person defamed does not provide a defense to an action for republication of the defamatory statement.
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…Sess., 1-5 (1934). Underlying the adoption of extensive disclosure requirements was a legislative philosophy: "There cannot be honest markets without honest publicity. Manipulation and dishonest practices of the market place thrive upon mystery and secrecy." H. R. Rep. No. 1383, 73d Cong., 2d Sess., 11 (1934). This Court…