Rule 3.9.Advocate in Nonadjudicative Proceedings 
 A lawyer representing a client before a legislative or 
 administrative tribunal in a nonadjudicative proceeding shall disclose 
 that the appearance is in a representative capacity and shall conform to 
 the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5. 
  
 

                                                                
ANNOTATIONSCOMMENT 
 [1]In representation before bodies such as legislatures, 
 municipal councils, and executive and administrative agencies acting in 
 a rule-making or policy-making capacity, lawyers present facts, 
 formulate issues and advance argument in the matters under 
 consideration.  The decision-making body, like a court, should be able 
 to rely on the integrity of the submissions made to it.  A lawyer 
 appearing before such a body should deal with the tribunal honestly and 
 in conformity with applicable rules of procedure. 
  
 In all appearances before legislative bodies, municipal councils, 
 administrative agencies, and the like, a lawyer should identify himself 
 or herself and, if the lawyer is appearing in a representative capacity, 
 indicate that fact.  The lawyer should also disclose to the agency the 
 identity of the client or clients on whose behalf the lawyer is 
 appearing, unless the identity is privileged. 
  
 [2]Lawyers have no exclusive right to appear before 
 nonadjudicative bodies, as they do before a court.  The requirements of 
 this Rule therefore may subject lawyers to regulations inapplicable to 
 advocates who are not lawyers.  However, legislatures and administrative 
 agencies have a right to expect lawyers to deal with them as they deal 
 with courts. 
  
 [3]This Rule does not apply to representation of a client 
 in a negotiation or other bilateral transaction with a governmental agency; 
 representation in such a transaction is governed by Rules 4.1 through 
 4.4. 
  
 COMMITTEE COMMENT 
 This Rule takes some of the provisions that were in the Code and 
 that applied to lawyers appearing before tribunals, such as DR 
 7-106(B)(1),  and extends those provisions to apply equally in front of 
 administrative or legislative bodies.  The Committee approved this Rule 
 reasoning that most of the provisions in this Rule are already embodied 
 in EC 7-15, EC 7-16 and EC 7-8 and belong in a Rule.  The comments to 
 the Rule were expanded to include some language from EC 7-15 that help 
 explain a lawyer's obligations when appearing before administrative or 
 legislative bodies. 
  
  
  
 ANNOTATION 
  
 Annotator's note. 
 Rule 3.9 is similar to 
 DR 7-106 as it 
 existed prior to the 1992 repeal and reenactment of the Code of 
 Professional Responsibility. 
 Relevant cases construing 
 that provision have 
 been included in the annotations to Rule 3.3.