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Rule 3.9
ADVOCATE IN NON-ADJUDICATIVE PROCEEDINGS
A lawyer representing a client before a legislative body or administrative agency in a non adjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rule 3.3(a)(1), (a)(2), (b), (c), and (d); Rule 3.4(a), (b), and (c); Rule 3.5(a), (b), and (e); and Rule 4.1.
COMMENTS
[1] In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule- or policy-making capacity, lawyers present facts, formulate issues, and advance argument in the matters under consideration. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body should deal with the tribunal honestly and in conformity with the applicable rules of procedure.
[2] Lawyers have no exclusive right to appear before non-adjudicative bodies, as they do before a court. The requirements of this Rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, except for the fact that lawyers need not secure the permission of a legislative body or administrative agency to withdraw from the representation of a client in a non-adjudicative matter and that certain of the rules governing the conduct of lawyers in adjudicative matters are not pertinent to non-adjudicative matters, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.
[3] This Rule does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency; representation in such a transaction is governed by Rules 4.1 through 4.4.
[4] See Rule 4.1 for the duties of a lawyer who comes to know that the lawyer’s client or a witness whose testimony is presented by the lawyer has testified falsely or otherwise presented false evidence in a non-adjudicative proceeding conducted by a legislative body or administrative agency.
DEFINITIONAL CROSS-REFERENCES
None.
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