CHAPTER 2 - 2-11 NONADJUDICATIVE PROCEEDINGS

• Jurisdiction: United States

2-11 Nonadjudicative Proceedings

The lawyer's general duties of candor, honesty, fairness, not to offer false evidence and to comply with forum rules and procedures apply to adjudicative proceedings other than court.²¹¹ These duties apply to representation of clients at legislative proceedings.²¹² This rule may seem to disadvantage attorney lobbyists who may be charged with a higher duty of candor and honesty than others. A more nuanced approach to this issue can be found in Restatement § 104(3) which provides that in adjudicative proceedings the rules applicable to lawyer as advocate should apply, while in other proceedings (such as legislative investigations and fact-finding) the rules applicable to a lawyer's dealings with private parties should apply.²¹³ This appears to comport with the commentary to Rule 3.9.

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Notes:

^[211] Conn. Rules of Prof'l Conduct R 3.9.

^[212] Conn. Rules of Prof'l Conduct R 3.9. Restatement of the Law Governing Lawyers, § 104. (Lawyer must identify client and comply with rules of forum; lawyer must follow rules related to tribunal duties when legislative forum is acting...