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 RPC 3.3(a) through (c), RPC 3.4(a) through (c), RPC 3.5(a), and RPC 3.5(c).

Comment to RPC 3.9

The Court has adopted the recommendation of the Debevoise Committee. That committee had recommended adoption of ABA Model Rule 3.9 with the exclusion of reference to RPC 3.5(b), which would have applied the ex parte communication proscription to this nonadjudicative proceedings setting. The Court recognizes that the requirements of this rule might well subject lawyers to regulation inapplicable to advocates appearing before the very same legislative or administrative tribunals but who are not lawyers. As noted by the Debevoise Committee, "legislatures and administrative agencies have a right to expect lawyers to deal with them in the same responsible manner in which they deal with courts."

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