Rule 8.3: Reporting Professional Misconduct

Question 1

Under Rule 8.3(a), what Duty is required by a lawyer?

Answer 1

Duty to Report Lawyer Misconduct that raises a substantial question to a lawyer’s honesty, trustworthiness or fitness as a lawyer

Question 2

Under Rule 8.3(b), What Duty is Required by a Lawyer?

Answer 2

Duty to Report Judicial Misconduct to the appropriate authority

Question 3

What are the Exceptions under Rule 8.3(c) to reporting? A Lawyer is NOT required to report misconduct if:

Answer 3

1. The information is protected by Rules 1.6 (Attorney-Client Privilege)
2. The Lawyer learned the information through a Lawyer’s Assistance Program

Question 4

Under This Rule, Must There Be Evidence to Report?

Answer 4

YES: If there is no evidence of the misconduct, then the misconduct is not relevant. The conduct must be SERIOUS