RULE 3.9 ADVOCATE IN NONADJUDICATIVE PROCEEDINGS
A lawyer representing a client before a legislative body or administrative
body agency 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 (e) (d) and
3.4(a) through (c). A lawyer shall
also conform to the provisions of Rule 3.5, except the lawyer may participate in ex parte
communications with members of a legislative body regarding legislative matters but not
 In representation before bodies
engaged in rule-making or policy
making, such as legislatures,
municipal councils, or and executive or and
administrative agencies acting in a rule-making or
policy-making capacity, lawyers present facts, formulate issues and advance argument in
under consideration. The decision-making body, like a tribunal court,
should be able to rely on the
integrity of the submissions made to it. A lawyer appearing before such a body
should must deal
with it honestly and in conformity with applicable rules of procedure. See Rules 3.3(a)
3.4(a) through (c), and 3.5.
 Lawyers have no exclusive right to appear before nonadjudicative bodies, as
they do before a
tribunal court. The requirements of this Rule therefore may subject
lawyers to regulations
inapplicable to advocates who are not lawyers. However, legislative
legislatures and administrative
bodies agencies have a right to expect lawyers to deal with them as
lawyers are required to they deal
with tribunal courts.
 This Rule only applies when a lawyer represents a client in connection with an official hearing or meeting of a governmental agency or legislative body to which the lawyer or the lawyer's client is presenting evidence or argument. It does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency or in connection with an application for a license or other privilege or the client's compliance with generally applicable reporting requirements, such as the filing of income tax returns. Nor does it apply to the representation of a client in connection with an investigation or examination of the client's affairs conducted by government investigators or examiners. Representation in such matters is governed by Rules 4.1 through 4.4.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 09/20/85 and 01/10/86; Minutes of the Joint Committee on Attorney Standards Meeting of 12/01/95, 06/11/96, 06/08/04, 03/18/05, 06/14/05.