Army Regulation 27-26, RULES OF PROFESSIONAL CONDUCT FOR LAWYERS, 1 May 1992

[ 2004.01.24 CBG, source: http://www.army.mil/usapa/epubs/pdf/r27_26.pdf ]


RULE 8.4 Misconduct

It is professional misconduct for a lawyer to:

   (a) violate or attempt to violate these 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 is prejudicial to the administration of
       justice;

   (e) state or imply an ability to influence improperly a government
       agency or official; or

   (f) knowingly assist a judge or judicial officer in conduct that is a
       violation of applicable rules of judicial conduct or other law.


COMMENT:

   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 offense 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, which
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. One example of such conduct is the unlawful,
unauthorized or nonconsensual obtaining of confidential files, including
confidential working paper files, of lawyers who are known or reasonably should
be known to be representing a client. Such conduct includes the solicitation or
prompting of another person, not bound by these Rules, to engage in such
activities. A pattern of repeated offenses, even ones of minor significance when
considered separately, can indicate indifference to ethical obligations.

   A lawyer may refuse to comply with an obligation imposed by law upon a good
faith belief that no valid obligation exists. The provisions of Rule 1.2(d)
concerning a good faith challenge to the validity, scope, meaning or application
of the law apply to challenges of legal regulation of the practice of law.

   Judge advocates hold a commission as an officer in the United States Army
and assume legal responsibilities going beyond those of other citizens. A judge
advocate's abuse of such commission can suggest an inability to fulfill the
professional role of judge advocate and lawyer.


CROSS REFERENCES:

Rule 8.3 Reporting Misconduct
Rule 8.5 Jurisdiction