Attorney discipline is typically imposed under Rule 8.4 of the Rules of Professional Conduct. 22 NYCRR 1200.0 et seq. The Rule, titled Misconduct, addresses various kinds of professional and personal behavior which, for the most part, are self-evidently improper. The last paragraph, Rule 8.4(h), a catch-all provision which reads, “A Lawyer or law firm shall not engage in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer,” is seldom used alone as an independent basis for attorney discipline. Matter of Reno, 147 A.D.3d 8 (2d Dep’t 2016), is a rare exception that gives us some insight into how the Appellate Division, Second Department views professional fitness in the context of an attorney’s handling of a transaction with an unrepresented and vulnerable party. It also highlights that in certain circumstances an attorney’s professional responsibilities extend beyond the exclusive interests of the client.

Rule 8.4

But first a look at the scope of the Misconduct Rule: