Comment
[1] In representation before bodies such as legislatures,
municipal councils, and executive and administrative agencies acting
in a rule-making or policy-making capacity, lawyers present facts, formulate
issues, and advance argument in the matters under consideration. The
decision-making body, like a court, should be able to rely on the integrity
of the submissions made to it. A lawyer appearing before such a body
should deal with it honestly and in conformity with applicable rules
of procedure.
[2] Lawyers have no exclusive right to appear before
nonadjudicative bodies, as they do before a court. The requirements
of this rule therefore may subject lawyers to regulations inapplicable
to advocates, such as nonlawyer lobbyists, who are not lawyers. However,
legislatures and administrative agencies have a right to expect lawyers
to deal with them as they deal with courts.
[3] This rule does not apply to representation of
a client in a negotiation or other bilateral transaction with a government
agency; representation in such a transaction is governed by Rules 4.1
through 4.4.
[4] This rule is closely related to Rules 3.3 through
3.5, which deal with conduct regarding tribunals. The term “tribunal,”
as defined Rule 1.0(n), refers to adjudicative or quasi-adjudicative
bodies.
