When Ethics Fail: Professional Misconduct and Its Consequences

This course establishes a clear framework for understanding professional misconduct and its consequences under the rules of professional responsibility. Beginning with an overview of the ABA Model Rules of Professional Conduct, it focuses on Model Rule 8.4 and Model Code DR 1-102(A)(3) to explain how misconduct is defined and evaluated in disciplinary matters.

Attendees will explore the concept of moral turpitude, examining how dishonest acts and other conduct are weighed in assessing fitness to practice. Using key cases and authorities, the course illustrates how moral turpitude remains an operative concept and how it interacts with broader fitness standards. Mr. O’Donnell also explores prosecutors’ special responsibilities under ABA Model Rule 3.8 through illustrative example cases, including ethical disclosure obligations in light of Brady and related case law, and  concludes with an in-depth look at the New York Bar’s Professional Ethics Opinion interpreting Rule 3.8(b), distinguishing disclosure duties from legal disclosure duties.

This course is intended for all attorneys seeking a deeper understanding of professional misconduct, prosecutorial responsibilities, and the steps necessary to uphold ethics in their practice.

Learning Objectives:

1. Evaluate ABA Model Rule 8.4, its comments, and Model Code DR 1-102(A)(3) as they relate to attorney misconduct.
2. Analyze the role of moral turpitude in fitness-to-practice determinations, including how dishonest conduct is assessed in disciplinary cases.
3. Develop familiarity with prosecutors’ special responsibilities under ABA Model Rule 3.8, such as exculpatory evidence and Brady-related obligations.
4. Distinguish between ethical and legal disclosure obligations under Rule 3.8(b) with reference to the New York Bar’s Professional Ethics Opinion of the Rule.
5. Identify common scenarios that can trigger professional misconduct findings and apply the relevant standards to minimize ethical risk.