An applicant for admission to the Bar, or a lawyer in connection with
a Bar admission application or in connection with a disciplinary matter,
shall not:
(a) Knowingly make a false statement of material fact;
or
(b) Fail to disclose a fact necessary to correct a
misapprehension known by the lawyer or applicant to have arisen in the
matter, or knowingly fail to respond reasonably to a lawful demand for
information from an admissions or disciplinary authority, except that
this Rule does not require disclosure of information otherwise protected
by Rule 1.6.
Comment
[1] The duty imposed by this Rule extends to persons
seeking admission to the Bar as well as to lawyers. Hence, if a person
makes a material false statement in connection with an application for
admission, it may be the basis for subsequent disciplinary action if
the person is admitted, and in any event may be relevant in a subsequent
admission application. The duty imposed by this Rule applies to a lawyer’s
own admission or discipline as well as that of others. Thus, it is a
separate professional offense for a lawyer knowingly to make a misrepresentation
or omission in connection with a disciplinary investigation of the lawyer’s
own conduct. This Rule also requires affirmative clarification of any
misunderstanding on the part of the admissions or disciplinary authority
of which the person involved becomes aware.
[2] This Rule is subject to the provisions of the
Fifth Amendment of the United States Constitution and corresponding
provisions of state constitutions. A person relying on such a provision
in response to a question, however, should do so openly and not use
the right of nondisclosure as a justification for failure to comply
with this Rule.
[3] A lawyer representing an applicant for admission
to the Bar, or representing a lawyer who is the subject of a disciplinary
inquiry or proceeding, is governed by the Rules applicable to the client-lawyer
relationship. For example, Rule 1.6 may prohibit disclosures, which
would otherwise be required, by a lawyer serving in such representative
capacity.
