8.3 Flashcards
Rule 8.3:
Reporting Professional Misconduct
8.3(a): A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a ________ _________ as to that Lawyers honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
substantial question
8.3(a): A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a _______ _______ as to that Lawyers ______, ________, or _________ as a lawyer in other respects, shall inform the appropriate professional authority.
substantial question
honesty, trustworthiness, or fitness
8.3(a): A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that Lawyers honesty, trustworthiness or fitness as a lawyer in other respects, ______ inform the appropriate professional authority.
shall
8.3(b): A lawyer who knows that a ______ has committed a violation of applicable Rules of _____ _______ that raises a substantial question as to the ______ fitness for office shall inform the appropriate authority.
judge
judicial conduct
judge’s
8.3(b): A lawyer who knows that a judge has committed a violation of applicable Rules of Judicial Conduct that raises a ______ ______ as to the judge’s fitness for office _____ inform the appropriate authority.
substantial question
shall
8.3(c). This rule does not require disclosure of information otherwise protected by ________ or information gained by a lawyer or judge while participating in an approved _______ ______ ________.
Rule 1.6
lawyers assistance program
Comment 1:
_______ _________ of the legal profession requires that members of the profession initiate disciplinary investigation when they know of a violation of the Rules of Professional Conduct. Lawyers have a similar obligation with respect to judicial misconduct.
An apparently isolated violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover.
Reporting a violation is especially important where the _________ is unlikely to discover the offense.
self-regulation
victim
Comment 2:
A report about misconduct is not required where it would involve a violation of _________. However, a lawyer should encourage a client to _______ to _______ where prosecution would not substantially prejudice the client’s interests.
Rule 1.6
consent to disclosure
Comment 3:
If a lawyer were obligated to report every violation of the Rules, the failure to report any violation would itself be a professional offense.
Such a requirement existed in many jurisdictions but proved to be unenforceable.
This rule limits the reporting obligation to those offenses that a self-regulated profession must vigorously endeavor to prevent.
A measure of _______ is therefore, required in complying with the provisions of this Rule.
judgment
Comment 3 (continued):
The term “________ refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.
substantial
Comment 3 (continued):
The term substantial refers to the ______ _____ ____ ______ ________ and not the quantum of evidence of which the lawyer is aware.
seriousness of the possible offense
Comment 3 (continued.)
A report should be made to the _____ ________ ________ unless some other agency, such as peer review agency, is more appropriate in the circumstances.
Similar considerations apply to the reporting of judicial misconduct.
bar disciplinary agency
Comment 4:
The duty to report ______ ________ does not apply to a lawyer retained to represent a lawyer whose professional conduct is in question. Such a situation is governed by the Rules applicable to the client-lawyer relationship.
professional misconduct
Comment 4:
The duty to report professional misconduct does not apply to a lawyer retained to represent a lawyer whose professional conduct is in question. Such a situation is governed by the Rules applicable to the ____ _____ _________.
Client Lawyer Relationship
Comment 5:
Information about a lawyer’s or judge’s misconduct or fitness may be received by a lawyer in the course of that lawyer’s participation in an approved lawyers or judges assistance program. In that circumstance, providing for an exception to the reporting requirements of paragraphs (a) and (b) of this Rule encourages lawyers and judges to seek _________ through such a program.
Conversely, without such an exception, lawyers and judges may ______ ___ ____ _______ from these programs, which may then result in additional harm to their professional careers and additional injury to the welfare of clients and the public.
These rules do not otherwise address the confidentiality of information received by a lawyer or judge participating in an approved lawyers assistance program; such an obligation, however, may be imposed by the rules of the program or other law.
treatment
hesitate to seek assistance
Each state has a lawyer disciplinary system to protect clients, the public, the legal system, and the profession from lawyer misconduct.
Given these important goals there is ____ _______ ___ _________ in most jurisdictions for filing lawyer discipline actions.
no statute of limitations.
