Rule 8.3 Reporting Professional Misconduct

Self-regulation of the legal profession requires that members of the profession initiate

disciplinary investigation when they know of a violation of the Rules of Professional Conduct.

Lawyers have a similar obligation with respect to judicial misconduct. An apparently isolated

violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover.

Reporting a violation is especially important where the victim is unlikely to discover the offense.

A report about misconduct is not required where it would involve violation of Rule 1.6.

However, a lawyer should encourage a client to consent to disclosure where prosecution would

not substantially prejudice the client’s interests. Because confidentiality is essential to encourage

lawyers and judges to seek treatment, information received in the course of providing counseling

services in the State Bar’s lawyers and judges assistance program is exempt from the reporting

requirement to the extent it would be protected under Rule 1.6 if it were a communication

between lawyer and client.

If a lawyer were obliged to report every violation of the rules, the failure to report any violation

would itself be a professional offense. Such a requirement existed in many jurisdictions but

proved to be unenforceable. This rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent. A measure of judgment is, therefore,

required in complying with the provisions of this rule. The term “substantial” refers to the

seriousness of the possible offense and not the quantum of evidence of which the lawyer is

aware.

The duty to report professional misconduct does not apply to a lawyer retained to represent a

lawyer whose professional conduct is in question. Such a situation is governed by the rules

applicable to the client-lawyer relationship.