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ME · rules

M.R. Prof. Conduct 8.4

MISCONDUCT

activein force · 2023-09-28 – presentact-effective-date

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate any provision of either the Maine

Rules of Professional Conduct or the Maine Bar Rules, or knowingly

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

another;

(b) commit a criminal or unlawful 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

Maine Rules of Professional Conduct, the Maine Bar Rules or law;

3 In Maine, the appropriate professional authority will be the Committee on Judicial

Responsibility and Disability, or, in certain circumstances, as described in the Maine Rules for

Maine Assistance Program for Lawyers and Judges, the Maine Assistance Program for Lawyers and

Judges.

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

violation of applicable rules of judicial conduct or law; or

(g) engage in conduct or communication related to the practice of law

that the lawyer knows or reasonably should know is harassment or

discrimination on the basis of race, sex, religion, national origin,

ethnicity, disability, age, sexual orientation, or gender identity.

(1) “Discrimination” on the basis of race, sex, religion, national

origin, ethnicity, disability, age, sexual orientation, or gender

identity as used in this section means conduct or communication

that a lawyer knows or reasonably should know manifests an

intention: to treat a person as inferior based on one or more of

the characteristics listed in this paragraph; to disregard relevant

considerations of individual characteristics or merit because of

one or more of the listed characteristics; or to cause or attempt to

cause interference with the fair administration of justice based

on one or more of the listed characteristics.

(2) “Harassment” on the basis of race, sex, religion, national origin,

ethnicity, disability, age, sexual orientation, or gender identity as

used in this section means derogatory or demeaning conduct or

communication and includes, but is not limited to, unwelcome

sexual advances, or other conduct or communication unwelcome

due to its implicit or explicit sexual content.

(3) “Related to the practice of law” as used in the section means

occurring in the course of representing clients; interacting with

witnesses, coworkers, court personnel, lawyers, and others while

engaged in the practice of law; or operating or managing a law

firm or law practice.

(4) Declining representation, limiting one’s practice to particular

clients or types of clients, and advocacy of policy positions or

changes in the law are not regulated by Rule 8.4(g).

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6c6fc38afd70f166249052b42f52d6c7588d621dcd6696c1f181e126a62b56d7
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M.R. Prof. Conduct 8.4 — MISCONDUCT · binding.law