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Rule 8.1. Licensing and disciplinary matters.

Anapplicant for licensing as a licensed paralegal practitioner, or a licensedparalegal practitioner in connection with a licensing application or inconnection with a disciplinary matter, shall not:

(a)Knowingly make a false statement of material fact; or

(b)Fail to disclose a fact necessary to correct a misapprehension known by theperson to have arisen in the matter or knowingly fail to respond to a lawfuldemand for information from an admissions or disciplinary authority, exceptthat this Rule does not require disclosure of information otherwise protectedby Rule 1.6 of the Licensed Paralegal Practitioner Rules of ProfessionalConduct.

 

Comment

[1] The duty imposed by this Rule extends topersons seeking licensure as well as to licensed paralegal practitioners.Hence, if a person makes a material false statement in connection with anapplication for admission, it may be the basis for subsequent disciplinaryaction if the person is admitted, and in any event may be relevant in asubsequent admission application. The duty imposed by this Rule applies to alicensed paralegal practitioner's own admission or discipline as well as thatof others. Thus, it is a separate professional offense for a licensed paralegalpractitioner to knowingly make a misrepresentation or omission in connectionwith a disciplinary investigation of the licensed paralegal practitioner's ownconduct. Paragraph (b) of this Rule also requires correction of any priormisstatement in the matter that the applicant or licensed paralegalpractitioner may have made and affirmative clarification of anymisunderstanding on the part of the admissions or disciplinary authority ofwhich the person involved becomes aware.

[2] This Rule is subject to the provisions ofthe Fifth Amendment of the United States Constitution and correspondingprovisions of state constitutions. A person relying on such a provision inresponse to a question, however, should do so openly and not use the right ofnondisclosure as a justification for failure to comply with this Rule.

[3] Reserved.

 

Effective November 1, 2018