Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2019 Regulation of Lawyers in Government Beyond the Representation Role Ellen Yaroshefsky Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Part of the Law Commons Recommended Citation Ellen Yaroshefsky, Regulation of Lawyers in Government Beyond the Representation Role, 33 NOTRE DAME J. L. ETHICS & PUB. POL’Y 151 (2019) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1257 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact
[email protected]. REGULATION OF LAWYERS IN GOVERNMENT BEYOND THE CLIENT REPRESENTATION ROLE ELLEN YAROSHEFSKY* INTRODUCTION In February 2017, fifteen legal ethicists filed a complaint against Kellyanne Conway, Senior Counselor to the President,' alleging that a number of her pub- lic statements were intentional misrepresentations. The complaint filed in the District of Columbia, one of the two jurisdictions where Ms. Conway is admitted to practice, acknowledged that there are limited circumstances in which lawyers who do not act in a representational capacity are, and should be, subject to the anti-deceit disciplinary rules.2 The complaint stated: As Rule 8.4(c) states, "It is professional misconduct for a lawyer to [elngage in conduct involving dishonesty, fraud, deceit, or misrepresentation." This is an admittedly broad rule, as it includes conduct outside the practice of law and, unlike 8.4(b), the conduct need not be criminal.