Girardi Case Offers Important Lesson on Obligation to Report Ethical Violations
The case is a stark reminder of the consequences of failure to adhere to the letter of the rule.
December 28, 2021 at 09:59 AM
2 minute read
Legal Ethics and Attorney DisciplineWe all know that under Rule 8.3 (a) of the New Jersey Rules of Professional Conduct, we have an obligation to report violations of the RPCs by others. "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 authorities." Fortunately, for most of us, that obligation never arises. The vast majority of New Jersey lawyers act ethically and violations—though unacceptable in any amount—are the exception to the rule. But proceedings on a contempt petition in a high-profile case in federal court in Illinois are a stark reminder of the consequences of failure to adhere to the letter of the rule.
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