I represent a law firm where one of the lawyers was discovered diverting cases and fees. The law firm has asked me to report this to the Office of Disciplinary Counsel. I had represented the lawyer who diverted the fees for a number of years ago. The present case has nothing to do with my prior representation of that lawyer long ago. Is there any ethical rule that prohibits me from reporting a former client?
Samuel C. Stretton.
No, there is no such rule. The Rules of Professional Conduct, under Conflict Rules 1.7 and 1.9, suggest there would not be any conflict unless the reported misconduct involved specifics of their prior representation. To limit such reporting would be absurd. It would be like saying I represented a client years ago on something, and now I saw him stealing from a neighbor’s property, and cannot report it. Obviously, the lawyer could report the client and there is no prohibition in doing so. There is no prohibition in the rules of professional conduct. In fact, the rules of professional conduct require such reporting.
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