Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part V - PROFESSIONAL ETHICS AND CONDUCT
Subpart A - PROFESSIONAL RESPONSIBILITY
Chapter 81 - RULES OF PROFESSIONAL CONDUCT
Subchapter A - RULES OF PROFESSIONAL CONDUCT
MAINTAINING THE INTEGRITY OF THE PROFESSION
Rule 8.1 - Bar Admission and Disciplinary Matters
Universal Citation: 204 PA Code ยง 8.1
Current through Register Vol. 54, No. 44, November 2, 2024
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.
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 to knowingly make a misrepresentation or omission in
connection with a disciplinary investigation of the lawyer's own conduct.
Paragraph (b) of this Rule also requires correction of any prior misstatement
in the matter that the applicant or lawyer may have made and 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, including Rule
1.6 and, in some cases, Rule
3.3
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