Also known as: professional misconduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a lawyer or other professional that violates applicable ethical rules or standards of the profession. It encompasses acts of dishonesty, concealment of errors, knowing assistance in violations by others, and failure to report substantial misconduct when required.
India Inoue missed the statute of limitations on her client's personal injury claim. She paid the client from personal funds without disclosing the error or advising the client to consult independent counsel about a malpractice claim. The disciplinary board found the concealment and conflict of interest amounted to improper professional conduct warranting sanctions.
Idina Iverson learned that certain internal emails were responsive to discovery requests and damaging to her client. She instructed an outside e-discovery vendor to delete all such emails without creating preservation copies. The disciplinary authority determined that using the vendor to conceal responsive evidence constituted improper professional conduct.
Select any source to read its text and confirm it supports the definition.
An honest mistake in handling a matter generally does not justify discipline. Egregious mishandling combined with concealment or dishonesty crosses into improper professional conduct that warrants sanctions.
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Yes. A lawyer may not use the acts of another to accomplish what the lawyer could not do directly. Instructing a vendor to delete responsive documents known to be damaging violates the prohibition on knowing assistance in rule violations.
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A lawyer who knows of a violation raising a substantial question as to honesty, trustworthiness, or fitness must report it to the appropriate professional authority unless disclosure would violate confidentiality rules.
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No. Isolated incidents of rudeness or intemperate language do not alone constitute conduct prejudicial to the administration of justice warranting serious sanctions such as suspension.
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