Also known as: Model Rule · MRPC · Model Rules of Professional Conduct
Written by attorneys · grounded in primary & secondary sources — see below
A collection of standards promulgated by the American Bar Association that most jurisdictions adopt to regulate lawyers' professional conduct. The rules establish mandatory duties of loyalty, candor, and competence while setting limits on client representation and lawyer self-regulation.
Miranda Morales learns from her client that another lawyer misappropriated settlement funds. The client urges Morales to stay silent and accept a private repayment instead. Morales reports the misconduct to the disciplinary authority because the information is not protected by confidentiality rules.
Miles Montgomery represents a criminal defendant who insists on testifying falsely. Montgomery refuses to present the testimony and warns the client that disclosure to the court may follow. The representation proceeds without the perjured statement after Montgomery attempts to dissuade the client.
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A lawyer must report when the lawyer knows of a violation that raises a substantial question about the other lawyer's honesty or fitness. The duty applies even when the information comes from a client unless confidentiality rules prohibit disclosure. Private agreements to forgo reporting do not override the obligation.
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No. The duty of loyalty does not require a lawyer to assist a client in committing perjury. Counsel must first attempt to dissuade the client and may disclose the perjury if necessary as a remedial measure.
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Rule 8.5 provides that a lawyer is subject to the disciplinary authority of any jurisdiction where the lawyer provides or offers legal services. The rule seeks to minimize conflicts by subjecting each instance of conduct to only one set of rules.
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An applicant must not knowingly make a false statement of material fact on a bar application. This duty requires candor about regulatory inquiries that bear on honesty and fitness even when no formal charges result.
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