CHAPTER 2 - 2-7 DISOBEDIENCE OF FORUM RULES

JurisdictionUnited States

2-7 Disobedience of Forum Rules

A lawyer may not disobey a rule established by a forum where a proceeding is pending.128 If a lawyer asserts that no valid rule exists, a lawyer may be excused from lack of compliance.129 In addition to the provisions of Rule 3.4(3), the commentary to Rule 8.4 provides that a lawyer may disregard an obligation "imposed by law" if the lawyer has a good faith belief that no valid obligation exists. The commentary also notes that the provisions of Rule 1.2(d) concerning counseling a client regarding potentially criminal conduct allows for instances where the lawyer believes there is a good faith challenge to the validity, scope meaning or application of the law.

A lawyer was suspended for one year for...

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