Rule 8.1 Bar Admission and Disciplinary Matters

The duty imposed by this rule extends to persons seeking admission to the bar as well as to

lawyers. Hence, if a person makes a material false statement in connection with an application

for admission, it may be the basis for subsequent disciplinary action if the person is admitted,

and in any event may be relevant in a subsequent admission application. The duty imposed by

this rule applies to a lawyer’s own admission or discipline as well as that of others. Thus, it is a

separate professional offense for a lawyer to knowingly make a misrepresentation or omission in

connection with a disciplinary investigation of the lawyer’s own conduct. This rule also requires

affirmative clarification of any misunderstanding on the part of the admissions or disciplinary

authority of which the person involved becomes aware.

This rule is subject to the provisions of the Fifth Amendment of the United States Constitution

and to article 1, section 17 of the Michigan Constitution. A person relying on such a provision in

response to a question, however, should do so openly and not use the right of nondisclosure as a

justification for failure to comply with this rule.

A lawyer representing an applicant for admission to the bar, or representing a lawyer who is the

subject of a disciplinary inquiry or proceeding, is governed by the rules applicable to the client-lawyer relationship.