Also known as: subjected to discipline · subjects to discipline · disciplinary liability · subject to sanction
Written by attorneys · grounded in primary & secondary sources — see below
Liability of a lawyer to professional sanctions imposed by a state disciplinary authority for violating rules of professional conduct.
Scott Summers, admitted only in State A, structures investment funds from his State A office for marketing into State B. He reasonably believes the predominant effect of his conduct will occur in State B and conforms his advice to State B rules. Because his conduct matches the rules of the jurisdiction he reasonably identifies, he faces no discipline in State A.
Seth Shapiro films a television commercial that shows him dramatically addressing a jury during trial. In reality he has never tried a case to verdict before a jury. The visual creates a false impression of his experience, rendering the advertisement misleading and exposing him to discipline.
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Solomon Silver, a sitting judge running for reelection, publicly announces his views on a disputed constitutional issue during the campaign. Because the announce clause was held unconstitutional, Silver is not subject to discipline for making the announcement.
Sydney Santos, a lawyer admitted in Illinois, stands with others on a Chicago sidewalk without an apparent purpose while investigating a client's matter. Police arrest her under the city's anti-loitering ordinance. Because the ordinance is unconstitutionally vague, Santos cannot be subject to discipline under its terms.
Simone Sanders, a lawyer already charged, meets with her codefendant and an undercover informant who elicits incriminating statements. The statements are later used against her at trial. Because the statements were obtained in violation of her right to counsel, she cannot be subject to discipline based on that evidence.
Sarah Sullivan, a lawyer sharing a cell with a government informant, volunteers incriminating statements that the informant passively hears. The statements are introduced at her trial. Because the informant did not deliberately elicit the statements, Sullivan remains subject to discipline on the basis of that evidence.
Yes. A lawyer admitted in one state remains subject to that state's disciplinary authority for all professional conduct. A second state may also exercise authority when the lawyer provides or offers legal services there, even if performed from another location.
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Yes. Under the choice-of-law rule, a lawyer is not subject to discipline when the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the conduct will occur.
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Yes. An applicant must not knowingly make a false statement of material fact in connection with a bar application. A knowing false answer about a prior finding of dishonesty is grounds for later discipline even if the applicant is admitted.
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Yes. A lawyer who knowingly assists or induces another to violate the rules of professional conduct, or does so through the acts of another, engages in professional misconduct and is subject to discipline.
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…Bar Association (ABA) Model Code of Judicial Conduct, is known as the "announce clause." Incumbent judges who violate it are subject to discipline, including removal, censure, civil penalties, and suspension without pay. Minn. Rules of Board on Judicial Standards 4(a)(6), 11(d) (2002). Lawyers who run for judicial office also must…