Abstract
This essay looks at Model Rule of Professional Conduct 8.4(c) (often referred to hereafter simply as the Dishonesty Rule) and questions its scope and authority when applied to statements made by elected legislators who are lawyer-legislators. In using the term “lawyer-legislator,” I specifically mean an elected member of a state or federal legislative body who holds a law license, though the license is not necessarily being used in the capacity as a legislator. The fact that the lawyer-legislator is not acting in a professional capacity becomes important later on. Section II provides an introduction to Model Rule of Professional Conduct 8.4(c). Section II begins by discussing the origins and breadth of the ABA Model Rules of Professional Conduct. Section III addresses how the Model Rules ought to apply to lawyer-legislators. Section IV of this essay examines objections to using the Dishonesty Rule to force accountability among lawyer-legislators. Finally, Section V discusses the benefits of increased enforcement of the Dishonesty Rule against lawyer legislators.
Recommended Citation
Eliot T. Tracz,
Lies, Liars, and Lawyers as Legislators: An Argument Towards Holding Attorneys Accountable for Violating the Model Rule of Professional Conduct 8.4(c) Whilst Acting in a Legislative Role,
42
S. Ill. U. L.J.
451
(2018).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol42/iss3/3