dissenting.
I agree with the majority that “professional misconduct,” which DR 1-102(A)(3) prohibits, may include conduct by a lawyer involving “dishonesty, fraud, deceit, or misrepresentation,” even if that conduct does not violate the criminal law or occur in the course of the practice of law. I further agree with the majority that the accused’s conduct here was boorish and perhaps tortious, and that it showed a singular lack of judgment. I disagree, however, with the majority’s conclusion that the accused’s conduct in this instance violated DR 1-102(A)(3) and, for that reason, I respectfully dissent.
As the majority correctly observes, not every instance of dishonesty or deceit violates DR 1-102(A)(3). A “false or dishonest statement” unrelated to professional conduct is not subject to professional discipline unless there is a nexus between that statement and “the lawyer’s fitness to practice law.” 337 Or at 233. No one would argue, for example, that a lawyer’s untrue statement to a child regarding the tooth fairy violates the rule, because the false statement does not demonstrate that the lawyer lacks the integrity or honesty necessary to practice law. However, a lawyer’s pattern of dishonest statements to a spouse or employer about matters that are important to the spouse or employer, depending on the circumstances, could violate DR 1-102(A)(3). This court recently defined the term “dishonesty” in DR 1-102(A)(3) as “conduct that indicates a disposition to lie, cheat, or defraud; untrustworthiness; or a lack of integrity.” In re Dugger, 334 Or 602, 609, 54 P3d 595 (2002) (emphasis added). That definition properly focuses the issue in the disciplinary proceeding on whether the accused lawyer’s dishonest conduct likely was an isolated event or, instead, indicates a disposition to act in a manner that calls into question the lawyer’s fitness to practice law.
The majority rephrases that test as whether the lawyer’s conduct “indicate [s] that the lawyer lacks those characteristics of trustworthiness and integrity that are essential to the practice of law.” 337 Or at 234 (emphasis added). However, the inquiry is still the same: should the court infer from *246a lawyer’s specific act or acts of dishonesty a general disposition to lie, cheat, or defraud. In my view, the majority fails to apply that test properly to these facts.
The majority opinion accurately describes the accused’s conduct in registering on the Classmates.com website, falsely using the name of a classmate of his who was now a high school teacher, and posting an inflammatory and personal message about the teacher. The accused’s conduct took place over a period of minutes on February 19,2001. The trial panel found that the message was removed within a matter of days. The record reflects that at least one person viewed the accused’s posted message before its removal. That person sent a letter critical of the teacher, together with a copy of the message, to various school officials, causing harm to the teacher.
On those facts, I do not believe that the Bar has proved that the accused’s dishonest conduct indicates a disposition to dishonesty or demonstrates that the accused lacks the integrity necessary to practice law. The record shows no dishonest or deceitful conduct by the accused other than his action on February 19,2001. When the accused was informed of the consequences of his conduct, he contacted the teacher, apologized, and took steps that the teacher suggested to minimize the adverse impact of the accused’s conduct.
Neither the brevity of the misconduct nor the accused’s explanation that he intended it as a practical joke excuses what the accused did. However, not every dishonest act or lapse of judgment, even one that harms another person, violates DR 1-102(A)(3), and that is the case here. I do not disagree with the majoritys determination that the accused acted dishonestly, but only with its conclusion that the disciplinary rules extend to that dishonest conduct.
For the foregoing reasons, I respectfully dissent.
Kistler, J., joins in this separate opinion.