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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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