(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 is prejudicial to the administration of justice;
Rule 8.4 Misconduct
A lawyer who knows that another lawyer
has committed a violation of the Rules of Professional Conduct
that raises a substantial question
as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects,
shall inform the North Carolina State Bar or the court having jurisdiction over the matter.
Truthfulness in Statements to Others
In the course of representing a client
a lawyer shall not knowingly make a false statement of material fact or law
to a third person.
...A misrepresentation can occur
if the lawyer incorporates or affirms a statement of another person
that the lawyer knows is false.
Misrepresentations can also occur by partially true
but misleading statements or omissions
that are the equivalent of affirmative false statements.
Crime or Fraud by Client
...a lawyer is prohibited from counseling or assisting a client in conduct
that the lawyer knows is criminal or fraudulent.
...substantive law may require a lawyer to disclose information relating to the representation
to avoid being deemed to have assisted the client's crime or fraud.
Rule 1.6(b)(1) permits a lawyer to disclose information when required by law.
Similarly, Rule 1.6(b)(4) permits a lawyer to disclose information when necessary
to prevent, mitigate, or rectify the consequences of a client's criminal or fraudulent act
in the commission of which the lawyer's services were used.
History Note: Statutory Authority G. 84-23
Adopted July 24, 1997; Amended March 1, 2003.