The legal profession’s system of self-governance relies in part on what is effectively an “honor code” for attorneys. Specifically, when an attorney becomes aware of misconduct by another attorney, many states require that the attorney report the violation to the applicable bar authority and even discipline attorneys for their failure to report. Notably, however, Georgia applies a permissive standard, whereby attorneys are encouraged to report but are not required to do so.
Regardless of whether reporting is mandatory or permissive, an attorney that learns that another attorney destroyed evidence or misappropriated client funds, for example, may feel obligated to alert the bar. However, the question of whether reporting is appropriate (or required) involves a number of considerations depending on the circumstances and the jurisdiction.
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