Rules of Professional Practice – Comment Period Closed May 12, 2022

RPP11-0581. Sanctions. Amend. Clarifies that if a lawyer is placed on probation the status of probation is public, but the terms of their probation may be private. 

RPP11-0582. Factors to be considered in imposing sanctions. Amend. This amendment requires the factfinder to consider the presumptive sanctions set forth in the rules, along with any mitigating and aggravating factors. This amendment also adds a section to provide guidance when multiple instances of misconduct are found.

RPP11-0583. Imposition of sanctions. Repeal/Replace with New Rules. This amendment repeals existing rule 11-583 addressing appropriate sanctions and replaces it with four new rules (rules 11-583 through 11-586) that set forth presumptive sanctions based on the nature of the duty violated.
RPP11-0583. Presumptive sanctions for violating duties owed to clients. New. This new rule provides presumptive sanctions to be imposed upon finding that the lawyer violated duties owed to clients, including candor, competence, diligence, conflicts of interest, and failing to preserve a client’s property and confidence.
RPP11-0584. Presumptive sanctions for violating duties owed to the public. New.  This new rule provides presumptive sanctions to be imposed upon finding that the lawyer failed to maintain personal integrity, generally, by committing a criminal act. Additionally, this new rule provides presumptive sanctions for violations of Rule 3.8, Special responsibilities of a prosecutor.
RPP11-0585. Presumptive sanctions for violating duties owed to the legal system. New. This new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct prejudicial to the administration of justice. This rule relates to deceit, fraud, misrepresentation, improper communication with individuals in the legal system, and abuse of the legal process.
RPP11-0586. Presumptive sanctions for violating duties owed as a member of the legal profession. New.  This new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct involving misleading communications about a lawyer or a lawyer’s services, unreasonable or improper fees, unauthorized practice of law, failure to report professional misconduct, and failure to respond to a lawful request from disciplinary authority.