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Rule 8.4: Misconduct


Adopted, Effective Jan. 1, 2008

Rule 8.4 Misconduct

It is professional misconduct for a lawyer to:

(a)    violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b)    commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

(c)   engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d)   state or imply an ability to influence improperly a government agency or official;

(e)   state or imply an ability to achieve results by means that violate the Rules of Professional Conduct or other law;  or

(f)   knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

New Hampshire Comment to Proposed Rule 8.4

Section (d) of the ABA Model Rule is deleted.  A lawyer’s individual right of free speech and assembly should not be infringed by the New Hampshire Rules of Professional Conduct when the lawyer is not representing a client.  The deletion of section (d) was not intended to permit a lawyer, while representing a client, to disrupt a tribunal or prejudice the administration of justice, no matter how well intentioned nor how noble the purpose may be for the unruly behavior.
Model Rule section (e) is split into New Hampshire sections (d) and (e).

ABA RULE 8.2   

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