The
American Bar Association Rules of Professional Conduct (2002-03), states, in 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 or to achieve results by means that violate the Rules of Professional
Conduct or other law; or
(f)
knowingly assist a judge or judicial officer in conduct that is a violation of
applicable rules of judicial conduct or other law.
***
Comment
[3] A lawyer who, in the course of representing a client, knowingly
manifests by words or conduct, bias or prejudice based upon race, sex,
religion, national origin, disability, age, sexual orientation or socioeconomic
status, violates paragraph (d) when such actions are prejudicial to the
administration of justice. Legitimate advocacy respecting the foregoing factors
does not violate paragraph (d). A trial judge's finding that peremptory
challenges were exercised on a discriminatory basis does not alone establish a
violation of this rule.
(emphasis added)
Morgan,
Thomas D., and Ronald D. Rotunda, eds. 2005 Selected Standards on
Professional Responsibility. New York: Foundation Press, 2005.
