RULE 3.9
               ADVOCATE IN NONADJUDICATIVE PROCEEDINGS


  A lawyer representing a client before a legislative body or
administrative agency in a nonadjudicative proceeding shall disclose that
the appearance is in a representative capacity and shall conform to the
provisions of rules 3.3(a) through (e), 3.4(a) through (c), and 3.5.

Comment

  [1] In representation before bodies such as legislatures, municipal
councils, and executive and administrative agencies acting in a rule-making
or policy-making capacity, lawyers present facts, formulate issues and
advance argument in the matters under consideration. The decision-making
body, like a court, should be able to rely on the integrity of the
submissions made to it. A lawyer appearing before such a body must deal
with it honestly and in conformity with applicable rules of procedure. See
Rules 3.3(a) through (e), 3.4(a) through (c), and 3.5.

  [2] Lawyers have no exclusive right to appear before nonadjudicative
bodies, as they do before a court. The requirements of this Rule therefore
may subject lawyers to regulations inapplicable to advocates who are not
lawyers. However, legislatures and administrative agencies have a right to
expect lawyers to deal with them as they deal with courts.

  [3] This Rule only applies when a lawyer represents a client in
connection with an official hearing or meeting of a governmental agency or
a legislative body to which the lawyer or the lawyer's client is presenting
evidence or argument. It does not apply to representation of a client in a
negotiation or other bilateral transaction with a governmental agency or in
connection with an application for a license or other privilege or the
client's compliance with generally applicable reporting requirements, such
as the filing of income-tax returns. Nor does it apply to the
representation of a client in connection with an investigation or
examination of the client's affairs conducted by government investigators
or examiners. Representation in such matters is governed by Rules 4.1
through 4.4.


[Amended effective September 1, 2006.]