R 8.3 - Reporting Professional Misconduct

Question 1

When shall an attorney report another attorney to the professional authority?

Answer 1

The attorney shall report the other when the attorney knows the other attorney’s honesty, trustworthiness, or fitness as an attorney raises a substantial question.

Question 2

When shall an attorney report a judge?

Answer 2

The attorney shall report the judge when the attorney knows the judge has committed a violation under the Code of Judicial Conduct which raises a substantial question of the judge’s fitness for office.

Question 3

When is it inappropriate for an attorney to report such instances to the professional authority?

Answer 3

When it was learned a confidential information or when it was learned from an approved lawyers assistance program.

Question 4

Is an attorney required to report another when there is confidential information violation?

Answer 4

No, the attorney is not required to report.

Question 5

If there is confidential information violation, how can the attorney report the misconduct? What does the attorney need to get from the client?

Answer 5

The attorney must get consent from the client in order for the attorney to report the misconduct. The attorney should only report the misconduct when the reporting will not substantially prejudice the client’s interest.

Question 6

What does the term “substantial” mean in the context of reporting attorney misconduct.

Answer 6

Substantial refers to the seriousness of the possible offense.

Question 7

Does duty report apply to attorneys that are presenting attorney whose conduct is in question?

Answer 7

No.