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) Engage in conduct that seriously interferes with
the administration of justice;
(e) State or imply an ability to influence improperly
a government agency or official;
(f) Knowingly assist a judge or judicial officer in
conduct that is a violation of applicable rules of judicial conduct
or other law; or
(g) Seek or threaten to seek criminal charges or disciplinary
charges solely to obtain an advantage in a civil matter.
Comment
[1] Many kinds of illegal conduct reflect adversely on fitness to practice
law, such as offenses involving fraud and the offense of willful failure
to file an income tax return. However, some kinds of offenses carry
no such implication. Traditionally, the distinction was drawn in terms
of offenses involving “moral turpitude.” That concept can
be construed to include offenses concerning some matters of personal
morality, such as adultery and comparable offenses, that have no specific
connection to fitness for the practice of law. Although a lawyer is
personally answerable to the entire criminal law, a lawyer should be
professionally answerable only for offenses that indicate lack of those
characteristics relevant to law practice. Offenses involving violence,
dishonesty, breach of trust, or serious interference with the administration
of justice are in that category. A pattern of repeated offenses, even
ones of minor significance when considered separately, can indicate
indifference to legal obligation.
[2] Paragraph (d)’s prohibition of conduct that
“seriously interferes with the administration of justice”
includes conduct proscribed by the previous Code of Professional Responsibility
under DR 1-102(A)(5) as “prejudicial to the administration of
justice.” The cases under paragraph (d) include acts by a lawyer
such as: failure to cooperate with Bar Counsel; failure to respond to
Bar Counsel’s inquiries or subpoenas; failure to abide by agreements
made with Bar Counsel; failure to appear in court for a scheduled hearing;
failure to obey court orders; failure to turn over the assets of a conservatorship
to the court or to the successor conservator; failure to keep the Bar
advised of respondent’s changes of address, after being warned
to do so; and tendering a check known to be worthless in settlement
of a claim against the lawyer or against the lawyer’s client.
Paragraph (d) is to be interpreted flexibly and includes any improper
behavior of an analogous nature to these examples.
[3] A lawyer violates paragraph (d) by offensive,
abusive, or harassing conduct that seriously interferes with the administration
of justice. Such conduct may include words or actions that manifest
bias or prejudice based upon race, sex, religion, national origin, disability,
age, sexual orientation, or socioeconomic status.






