model rule 8 "a lawyer who knows"

ABA Model Rule 8.3 (a) states: “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 in other respects, shall inform the appropriate professional authority.” (Emphasis added.)

Full Answer

When was the Task Force to Evaluate the American Bar Association's Model Rules of Prof’l Conduct?

See Report and Recommendation of the Task Force to Evaluate the American Bar Association’s Model Rules of Prof’l Conduct, at 24 (Nov. 23, 1985).

What is the duty of a lawyer to report a violation of the Rules of Professional Conduct?

A lawyer must immediately report to the Office of Disciplinary Counsel any violation of the Rules of Professional Conduct that raises a question as to another lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects–unless doing so would divulge confidential information. See La. Rules of Prof’l Conduct r. 8.3 (a) (2004); id. r. 8.3 (c); In re Tolchinsky, 740 So. 2d 109 (La. 1999) (failure to report unauthorized practice of law by another lawyer). This reporting obligation is “triggered when, under the circumstances, a reasonable lawyer 3 would have ‘a firm opinion that the conduct in question more likely than not occurred.’” 4 See In re Riehlmann, 891 So. 2d 1239, 1244 (La. 2005) (quoting Attorney U v. Mississippi Bar, 678 So. 2d 963 (Miss. 1996); Restatement (Third) of the Law Governing Lawyers § 5 cmt. 1 (2000)). For a general discussion of a lawyer’s reporting obligations, particularly in the context of litigation, see ABA Comm. on Ethics and Prof’l Responsibility, Formal Op. 94-383 (1994); see also §10.2 The rule on reporting lawyer misconduct, 21 La. Civ. L. Treatise, Louisiana Lawyering §10.2.

What are the penalties for a violation of Rule 8.3?

Absent aggravating or mitigating circumstances, the following sanctions are generally appropriate in cases involving violations of Rule 8.3: disbarment, when the lawyer knowingly engages in conduct that is a violation of a duty owed to the profession with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system; suspension, when the lawyer knowingly engages in conduct that is a violation of a duty owed to the profession, and causes injury or potential injury to a client, the public, or the legal system; reprimand, when the lawyer negligently engages in conduct that is a violation of a duty owed to the profession, and causes injury or potential injury to a client, the public, or the legal system; and, admonition, when the lawyer engages in an isolated instance of negligence that is a violation of a duty owed to the profession, and causes little or no actual or potential injury to a client, the public or the legal system. See ABA Stds. for Imposing Lawyer Sanctions stds. 7.0-7.4 (1992).

What is the purpose of self regulation in the legal profession?

[1] Self-regulation 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 victim is unlikely to discover the offense.

When did the Louisiana Supreme Court adopt the Rule of Professional Conduct?

The Louisiana Supreme Court adopted this rule on January 20, 2004. It became effective on March 1, 2004. The court amended the rule shortly thereafter, on May 29, 2004, to address in paragraph (b) reporting of wrongdoing by federal judges. This rule differs from ABA Model Rule of Professional Conduct 8.3 (2002) in some minor and in some major respects.

Who informs the Office of Disciplinary Counsel of a violation of the Rules of Professional Conduct?

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a question as to the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the Office of Disciplinary Counsel.

When did Louisiana start reporting judicial misconduct?

In January 2004, the court opted for middle ground and enacted the present rule. ↵. The former Louisiana rule on reporting judicial misconduct, in effect from 1987 through February 29, 2004, had a significantly narrower reporting obligation than is contained in the present rule.

Which state modified the wording of the Model Rule?

Texas, for example, modified the wording of the Model Rule. Its Rule 8.03 (a) states that:

Do lawyers report to the bar?

Lawyers know a lot of lawyers, though, and we get a lot of insight into each other’s lives through our professional and personal interactions. There are likely many lawyers you’d rather not report to the bar, knowing that a bar complaint is a ticket to havoc being wreaked on a lawyer’s life.

Can an attorney report misconduct?

There is not much to prevent a lawyer from reporting misconduct to the authorities. The two biggest issues of which to be aware are unsurprising. First, an attorney may not violate his confidentiality obligations. Rules requiring reporting recognize this duty and provide an exception based on it, and even without an explicit exception attorneys are required to meet this duty first.

Is reporting apparent misconduct ethical?

As long as you meet these basic standards, reporting apparent misconduct is the safest route from an ethics perspective.

Is the ABA model rule a violation of ethics?

Sometimes, yes. The ABA Model Rule uses the mandatory language that a lawyer “shall” report violations. Failure to abide by the rule is sanctionable. In states that have adopted this mandatory language, failure to report misconduct is itself an ethics violation. It would be a terrible result to be disciplined for failure to report someone else’s violation.

Can you report another lawyer's misconduct?

Reporting another lawyer’s misconduct can bring on a mix of emotions. If the other lawyer is your adversary and you’ve been battling in the gutter, a bar complaint may be exactly what you wish on this person.

Is reporting a violation a good idea?

Georgia also makes an excellent point in its comments to the rule as to why reporting violations is a good idea. It says, “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 victim is unlikely to discover the offense.”