Rules of Professional Conduct

Rule 3.9: Advocate in Nonadjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 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 should deal with it honestly and in conformity with applicable rules of procedure.
   [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, such as nonlawyer lobbyists, 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 does not apply to representation of a client in a negotiation or other bilateral transaction with a government agency; representation in such a transaction is governed by Rules 4.1 through 4.4.
   [4] This rule is closely related to Rules 3.3 through 3.5, which deal with conduct regarding tribunals. The term “tribunal,” as defined Rule 1.0(n), refers to adjudicative or quasi-adjudicative bodies.