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consultant to corporate and law firm management.

In this section:


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REPORTING PROFESSIONAL MISCONDUCT
Rule 8.3 of the Model Rule of Professional Conduct is the model
from which many states have taken their rule for lawyers
to report misconduct.
(a) A lawyer having knowledge that another lawyer has
committed a violation of these rules 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; initiate proceedings under the North Dakota Rules of Disciplinary
Procedure; etc.]
As an example of how this is interpreted in practice, the New York State Bar says that each of the following four prerequisites
must be met before a lawyer needs to report a violation:
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1. the lawyer must have a 'clear belief, or possess actual
knowledge, as to the pertinent facts.
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2. the lawyer cannot have received his knowledge as a result
of a confidence.
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3. the conduct must have violated a disciplinary rule.
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4. the violation must raise a substantial question as to the
lawyer's honesty, trustworthiness or fitness to practice law in other
matters than the one involved in the violation.
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