Matt's Corner: The Burden of Proof Required to Prove 'Misrepresentation' Warranting Discipline
Is scienter necessary to prove a prima facie case of misrepresentation?
September 24, 2024 at 11:11 AM
2 minute read
Matthew B. Weisberg of Weisberg Law. Courtesy photo
Matt's Corner: Questions and Answers on Professional Responsibility and Legal Malpractice
Question: Is scienter necessary to prove a prima facie case of misrepresentation?
A. Yes.
It is professional misconduct for a lawyer to … engage in conduct involving dishonesty, fraud, deceit or misrepresentation, except that a lawyer may advise, direct, or supervise others, including clients, law enforcement officers, and investigators, who participate in lawful investigative activities … RPC 8.4(c).
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