MAINTAINING THE INTEGRITY OF THE PROFESSION

 

Rule 8.1.  Bar admission and disciplinary matters.
Rule 8.2.  Judicial and legal officials.
Rule 8.3.  Reporting professional misconduct.
Rule 8.4.  Misconduct.
Rule 8.5.  Jurisdiction.

 

Rule 8.1.  Bar admission and disciplinary matters.
      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 person to have arisen in the matter, or knowingly fail to respond 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.

Rule 8.2.  Judicial and legal officials.
      (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.
      (b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct.

Rule 8.3.  Reporting professional misconduct.
      (a) A lawyer having knowledge 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 appropriate professional authority.
      (b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
      (c) This Rule does not require disclosure of information otherwise protected by Rule 1.6.
      (d) This Rule shall not apply to members of the West Virginia State Bar Committee on Assistance, and Intervention, the Committee on Lawyer Assistance, or the Lawyer Intervention Panel, or to a Committee’s or Panel’s intervenors and representatives, to the extent that they are acting in their official capacities as members, intervenors, or representatives of a Committee or Panel.  However, the Committees, the Panel, and their intervenors and representatives shall not be relieved of the duty to inform the Ethics Committee of the State Bar of on-going or prospective violations of Rule 8.4(b), (c), or (d), unless the impaired lawyer agrees to discontinue the violation and to seek a program of rehabilitation, as prescribed by a Committee or Panel.

Rule 8.4.  Misconduct.
      It is professional misconduct for a lawyer to:
      (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;
      (e) state or imply an ability to influence improperly a government agency or official;
      (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
      (g) have sexual relations with a client whom the lawyer personally represents during the legal representation unless a consensual sexual relationship existed between them at the commencement of the lawyer/client relationship.  For purposes of this rule, "sexual relations" means sexual intercourse or any touching of the sexual or other intimate parts of a client or causing such client to touch the sexual or other intimate parts of the lawyer for the purpose of arousing or gratifying the sexual desire of either party or as a means of abuse.

Rule 8.5.  Jurisdiction.
      A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere.