Iowa R. Prof'l Conduct 32:8.4

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Iowa Rules of Professional Conduct, knowingly assist or

induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness,

or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to

achieve results by means that violate the Iowa Rules of Professional Conduct or other law;

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable

rules of judicial conduct or other law; or

(g) engage in sexual harassment or other unlawful discrimination in the practice of law or

knowingly permit staff or agents subject to the lawyer’s direction and control to do so.

Comment

[1] Lawyers are subject to discipline when they violate or attempt to violate the Iowa Rules of

Professional Conduct, knowingly assist or induce another to do so or do so through the acts of

another, as when they request or instruct an agent to do so on the lawyer’s behalf. Paragraph (a),

however, does not prohibit a lawyer from advising a client concerning action the client is legally

entitled to take.

[2] Illegal conduct can reflect adversely on fitness to practice law. A pattern of repeated offenses,

even ones of minor significance when considered separately, can indicate indifference to legal

obligation.

[3] A lawyer who, in the course of representing a client, knowingly manifests, by words or

conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual

orientation or socioeconomic status, violates paragraph (d) when such actions are prejudicial to the

administration of justice. Legitimate advocacy respecting the foregoing factors does not violate

paragraph (d). A trial judge’s finding that peremptory challenges were exercised on a discriminatory

basis does not alone establish a violation of this rule. For another reference to discrimination as

professional misconduct, see paragraph (g).

[4] A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief

that no valid obligation exists. The provisions of rule 32:1.2(d) concerning a good faith challenge to

the validity, scope, meaning, or application of the law apply to challenges of legal regulation of the

practice of law.

[5] Lawyers holding public office assume legal responsibilities going beyond those of other

citizens. A lawyer’s abuse of public office can suggest an inability to fulfill the professional role of a

lawyer. The same is true of abuse of positions of private trust such as trustee, executor, administrator,

guardian, agent, and officer, director, or manager of a corporation or other organization.

[6] It is not professional misconduct for a lawyer to advise clients or others about or to supervise

or participate in lawful covert activity in the investigation of violations of civil or criminal law or

constitutional rights or in lawful intelligence-gathering activity, provided the lawyer’s conduct is

otherwise in compliance with these rules. “Covert activity” means an effort to obtain information on

unlawful activity through the use of misrepresentations or other subterfuge. Covert activity may be

commenced by a lawyer or involve a lawyer as an advisor or supervisor only when the lawyer in

good faith believes there is a reasonable possibility that unlawful activity has taken place, is taking

place, or will take place in the foreseeable future. Likewise, a government lawyer who supervises or

participates in a lawful covert operation which involves misrepresentation or deceit for the purpose

of gathering relevant information, such as law enforcement investigation of suspected illegal activity

or an intelligence-gathering activity, does not, without more, violate this rule.