The legal profession is, in theory, self-regulating. If an attorney observes misconduct by another attorney, many states will place obligations on the observing attorney to report what they have seen. Some states even will discipline those attorneys who fail to report misconduct they’ve observed.
Texas, for one, has a mandatory reporting rule similar to that contained in Model Rule of Professional Conduct 8.3. Regardless of whether reporting is mandatory or permissive, however, an attorney that learns that another attorney destroyed evidence or misappropriated client funds, for example, may feel obligated to alert the bar. The question of whether reporting is appropriate (or required) involves a number of considerations depending on the circumstances and the jurisdiction.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]