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(d) Whether the proposed plea involves confidential information or conditions.
(e) Whether there is another need for confidentiality.
(f) Whether the victim is a possible witness in the case and the effect that
relaying any information may have on the defendant's right to a fair trial.
III.
FLORIDA RULES OF PROFESSIONAL CONDUCT
A.
FRPC 4-4.1 – Candor in Dealing with Others
FRPC 4-4.1 prohibits a lawyer from knowingly making a false statement of material fact
or law to a third person during the course of representation of a client. A comment to this rule
explains that "[m]isrepresentations can also occur by partially true but misleading statements or
omissions that are the equivalent of affirmative false statements," and "[w]hether a particular
statement should be regarded as one of fact can depend on the circumstances."
B.
FRPC 4-8.4 – Conduct Prejudicial to the Administration of Justice
FRPC 4-8.4(c) states that a lawyer shall not engage in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
FRPC 4-8.4(d) prohibits a lawyer from engaging in conduct in connection with the practice
of law that is prejudicial to the administration of justice.
As previously noted, courts have determined that FRPC 4-8.4(d) is not limited to conduct
that occurs in a judicial proceeding, but can be applied to "conduct in connection with the practice
of law." Frederick, 756 So. 2d at 87; see also Shankman, 41 So. 3d at 172.
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