Professional Integrity - Bottom Chunk (2)

Question 1

Duty to Report Unethical Violations

Answer 1

Under the ABA, 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 lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the appropriate professional authority.

In CA, a lawyer is not required to report ethical violations; however, lawyer’s are required to report themselves when a lawyer has been (1) sued for malpractice three times in 12 months, (2) found civilly liable for fraud, breach of fiduciary duty, etc, (3) sanctioned more than $1,000, (4) charged with a felony, (5) convicted of a serious crime, (6) disciplined in another jurisdiction.

Question 2

Duty to Profession/Public

Answer 2

In CA, a lawyer cannot threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.

This rule does not apply to (1) a threat to bring a civil action, (2) actually bringing such charges, (3) stating that the lawyer will pursue all available remedies, or (4) a threat to initiate a contempt proceeding for failing to comply with a court order.

Under ABA, no rule.

Question 3

Conduct Involving Deceit, Dishonesty, Fraud or Misrepresentation

Answer 3

Under ABA rules, it is professional misconduct for a lawyer to engage in any of these activities - Deceit, Dishonesty, Fraud or Misrepresentation

Question 4

Duty to Profession/Public – Threat
(CA only)

Part of Duty to Prof/Public Rule - repeating because it shows up

Answer 4

In CA, a lawyer cannot threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.