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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.
MAINTAINING THE INTEGRITY OF THE PROFESSION.
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.
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 Commit tee 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. (Amended by order entered December 20, 1988, effective
January 1, 1989.)
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. (Amended by order entered July 12, 1995, effective September
1, 1995.)
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.
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