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Case 22-1426, Document EN 379 3536039, Page25 of 217 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 279 of 348 (d) Whether the proposed plea involves confidential information or conditions. (ec) 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. I. 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 “[mJisrepresentations 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. 253 DOJ-OGR-00021455