Duty to the Public

Question 1

Duty to the Public

Answer 1

The commission by a lawyer of fraud, a crime, or other serious immoral act is independently a breach of the duty to the public. Where the attorney is convicted of a crime involving moral turpitude, the attorney is placed on interim suspension until the conviction is final, at which point the disposition of their licensure is determined.

Question 2

Duty to Report a Violation

Answer 2

Under the ABA, a lawyer who knows that another lawyer has committed a violation of the RPC that raises a substantial question as to that lawyer’s honesty or fitness as a lawyer must inform the appropriate professional authority.

Question 3

California Duty to Report

Answer 3

California has no requirement to report other lawyers who may have committed a violation. Instead, the California rules require lawyers to report themselves to the State Bar when:

(1) they are sued for malpractice three times in one year;
(2) found civilly liable for fraud, breach of fiduciary duty, or the like;
(3) sanctioned more than $1,000 (except discovery sanctions);
(4) charged with a felony;
(5) convicted of certain serious crimes; or
(6) disciplined in another jurisdiction