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Ohio Professional Responsibility: Part 3 (Misconduct & False Statements) Flashcards

Ohio Professional Responsibility: Part 3 (Misconduct & False Statements)

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347403427Rule 4.1 (Truthfulness in Statements to Others)In a course of representing a client a lawyer shall not KNOWINGLY do either of the following: (a) Make false statements of material fact of law to a third person (b) Fail to disclose a material fact when disclosure is necessary to avoid assisting an illegal or fraudulent act by a client0
347403428Rule 4.1 Notes - False Statements DefinedFalse Statement: Misleading statements, omissions, or the incorporation or affirmation of a statement by another that the lawyer knows to be false.1
347403429Rule 8.3 (a) (Reporting Professional Misconduct)A lawyer who possesses unprivileged knowledge of a violation of the Ohio Rules of Professional Conduct that RAISES A QUESTION AS TO ANY LAWYER'S - HONESTY - TRUSTWORTHINESS, or - FITNESS shall inform the disciplinary authority empowered to investigate.2
347403430Rule 8.3 (b) (Reporting Judge Misconduct)Unprivileged knowledge that a judge has committed a violation of ORPC or applicable judicial conduct shall inform the appropriate authority3
347403431Rule 8.3 (c) (Privileged Knowledge)Any information obtained while serving in some capacity a bar association (committee, non profit, etc.) department for substance abuse or mental health problems shall be privileged for all purposes.4
347403432Rule 8.4 (Misconduct)It is professional misconduct for a lawyer to do the following: (a) VIOLATE or attempt to violate ORPC, knowingly assist or induce another to do so, or through acts of another (b) commit an ILLEGAL ACT that reflects adversely on lawyer's HONESTY or TRUSTWORTHINESS (c) Conduct involving DISHONESTY, FRAUD, DECEIT, or MISREPRESENTATION (d) Conduct that is prejudicial to the administration of justice (e) State or imply ABILITY TO INFLUENCE GOVERNMENT agency through violation of ORPC (f) knowingly assist a judge or judicial office in a violation (g) Engage in a professional capacity in DISCRIMINATION (race, color, religion, age, gender, etc.) (h) Conduct that ADVERSELY REFLECTS ON FITNESS5
347403433Rule 8.4 Notes - Attorney/Client RelationshipAn attorney can advise a client concerning action the client can legally take regarding violations of ORPC, and it is NOT a violation of rule 8.46
347403434Rule 8.4 Notes - Crimes that Effect FitnessOffenses that involve "moral turpitude," violence, dishonesty, breach of trust, or serious interference with administration of justice (aka fraud, willful failure to file income taxes, etc.) Pattern of repeated offenses (even minor offenses) can show indifference to legal obligation.7
347403435Rule 8.2 (a) (False statements about Judicial Officials)A lawyer shall not make a statement the lawyer KNOWS to be false or with reckless disregard for the truth about the qualifications or integrity of a judicial officer or candidate8
347403436Rule 8.2 (b) (Actions of Judicial Candidates)A lawyer who is a candidate for judicial office shall not violate provisions of judicial conduct applicable to candidates9

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