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.

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