Iowa R. Prof'l Conduct 32:8.1

An applicant for admission to the bar, or a lawyer in connection with a bar admission

application or in connection with a disciplinary matter, shall not:

(a) knowingly make a false statement of material fact; or

(b) fail to disclose a fact necessary to correct a misapprehension known by the person to

have arisen in the matter, or knowingly fail to respond to a lawful demand for information

from an admissions or disciplinary authority, except that this rule does not require disclosure

of information otherwise protected by rule 32:1.6 or Iowa Code section 622.10.

Comment

[1] The duty imposed by this rule extends to persons seeking admission to the bar as well as to

lawyers. Hence, if a person makes a material false statement in connection with an application for

admission, it may be the basis for subsequent disciplinary action if the person is admitted, and in

any event may be relevant in a subsequent admission application. The duty imposed by this rule

applies to a lawyer’s own admission or disciplinary matter as well as that of others. Thus, it is a

separate professional offense for a lawyer to knowingly make a misrepresentation or omission in

connection with a disciplinary investigation of the lawyer’s own conduct. Paragraph (b) of this rule

also requires correction of any prior misstatement in the matter that the applicant or lawyer may

have made and affirmative clarification of any misunderstanding on the part of the admissions or

disciplinary authority of which the person involved becomes aware.

[2] This rule is subject to the provisions of the Fifth Amendment of the United States Constitution

and corresponding provisions of state constitutions. A person relying on such a provision in response

to a question, however, should do so openly and not use the right of nondisclosure as a justification

for failure to comply with this rule.

[3] A lawyer representing an applicant for admission to the bar, or representing a lawyer who

is the subject of a disciplinary inquiry or proceeding, is governed by the rules applicable to the

client-lawyer relationship, including rule 32:1.6, Iowa Code section 622.10, and, in some cases, rule

32:3.3.