RULE 8.4
                           MISCONDUCT


    It is professional misconduct for a lawyer to:

    (a) violate or attempt to violate the 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 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;

    (g) commit a discriminatory act prohibited by state law on the basis of
sex, race, age, creed, religion, color, national origin, disability, sexual
orientation, or marital status, where the act of discrimination is
committed in connection with the lawyer's professional activities.  In
addition, it is professional misconduct to commit a discriminatory act on
the basis of sexual orientation if such an act would violate this Rule when
committed on the basis of sex, race, age, creed, religion, color, national
origin, disability, or marital status.  This Rule shall not limit the
ability of a lawyer to accept, decline, or withdraw from the representation
of a client in accordance with Rule 1.16;

    (h) in representing a client, engage in conduct that is prejudicial to
the administration of justice toward judges, other parties and/or their
counsel, witnesses and/or their counsel, jurors, or court personnel or
officers, that a reasonable person would interpret as manifesting prejudice
or bias on the basis of sex, race, age, creed, religion, color, national
origin, disability, sexual orientation, or marital status.  This Rule does
not restrict a lawyer from representing a client by advancing material
factual or legal issues or arguments.

     (i) commit any act involving moral turpitude, or corruption, or any
unjustified act of assault or other act which reflects disregard for the
rule of law, whether the same be committed in the course of his or her
conduct as a lawyer, or otherwise, and whether the same constitutes a
felony or misdemeanor or not; and if the act constitutes a felony or
misdemeanor, conviction  thereof in a criminal proceeding shall not be a
condition precedent to disciplinary action, nor shall acquittal or
dismissal thereof preclude the commencement of a disciplinary proceeding;

     (j) willfully disobey or violate a court order directing him or her to
do or cease doing an act which he or she ought in good faith to do or forbear;

     (k) violate his or her oath as an attorney;

      (l)  violate a duty or sanction imposed by or under the Rules for
Enforcement of Lawyer Conduct in connection with a disciplinary matter;
including, but not limited to, the duties catalogued at ELC 1.5;

     (m) violate the Code of Judicial Conduct; or

     (n) engage in conduct demonstrating unfitness to practice law.


Comment

  [1] Lawyers are subject to discipline when they violate or attempt to
violate the 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] [Reserved.]

  [3] [Washington revision] Legitimate advocacy respecting the factors set
forth in paragraph (h) does not violate paragraphs (d) or (h). A trial
judge's finding that peremptory challenges were exercised on a
discriminatory basis does not alone establish a violation of this Rule.

  [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
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 lawyers. 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.

Additional Washington Comment (6)

  [6] Paragraphs (g) - (n) were taken from former Washington RPC 8.4 (as amended in 2002).


[Amended effective October 1, 2002; September 1, 2006.]