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 in the Terminology section of these Rules, refers to adjudicative
or quasi-adjudicative bodies.
