Bucklin.org is the umbrella for the several  activities of Leonard Bucklin as an author, ethicist, and consultant to corporate and law firm management.

In this section:
Up


© Copyright, 2000 to  2010,  by Leonard  Bucklin. All rights reserved.  No copying or distribution of this material may be made without the express written consent of the copyright holder.  For more information -  Read the Legal Notices.

Information contained in pages and articles on this site provides general information and does not provide legal advice on any specific legal matter or factual situation. This information is not intended to create or provide legal advice or a lawyer-client relationship. It is not legal advice.  Readers should not act upon this information without seeking professional counsel. Use of this site does not create an attorney - client relationship, even if you provide information to us by any means including using a contact form on this site. 

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:

  • 1. the lawyer must have a 'clear belief, or possess actual knowledge, as to the pertinent facts.

  • 2. the lawyer cannot have received his knowledge as a result of a confidence.

  • 3. the conduct must have violated a disciplinary rule.

  • 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.