It seems to be harder and harder to define something that use to seem so obvious – Attorney Misconduct. This CLE presentation will attempt to shine a clear focus on growing concerns about behavior within the profession. These are concerns shared not only by the profession and but also by the general public.

Once lawyers and judges were held in high respect but recent behavior by lawyers and judges have severely tarnished that image. Judges as well as practicing lawyers are finding their way to front page of news outlets with outlandish personal behavior. Then rather than recognizing the behavior as misconduct under the rule they are suggesting that it should be justified for social and political reasons far afield from the rules of judicial and attorney professional conduct.

We will start our review with ABA Model Rule 8.4 which has been adopted in most every state and see how it is being applied. We will analyze some of the recent justifications that have been offered as excuses from following the well established rules. Finally we will discuss the future of the rule against misconduct from both the professional and practical view point of the modern systems of practice.

There will be plenty of scenarios to test ones understanding of the rule. The seminar may raise more questions than it answers but it will direct the attendees to the Law and the Rules of Professional Conduct.

*This course qualifies as a Transitional course but can only be taken by Newly Admitted attorneys in NY that have a special exemption from the requirement that skills and ethics credits be taken in an approved live format. This course can be taken by all Experienced NY attorneys.