Sent via fax to Babbette Brennon
This order as part of my bond was put in place at the impetus of Laura Keck.
This order as part of my bond was put in place at the impetus of Laura Keck.
Ethics Opinion 246
A Lawyer’s Obligation to Report Another Lawyer’s Misconduct
A lawyer suing another lawyer for malpractice on behalf of a
client is required by Rule 8.3 to report to bar disciplinary authorities
the conduct that is the subject of the malpractice action, if she has
sufficient knowledge of the pertinent facts, if her knowledge is not
protected as a client confidence or secret, and if the conduct of the
other lawyer both constitutes a violation of an ethical rule and raises a
substantial question as to the lawyer’s honesty, trustworthiness or
fitness in other respects.
Where a lawyer learns of another lawyer’s misconduct in the course of representing her client, and the information about the misconduct constitutes a confidence or secret within the meaning of Rule 1.6, that Rule prohibits her reporting it without the client’s consent. If, after having been made fully aware of any possible adverse consequences for his ultimate recovery, the client does consent, then neither Rule 1.6 nor Rule 1.3(b)(2) bars reporting. On the facts of this case, the Committee is unable to conclude that the misconduct at issue (failure to comply with the statute of limitations and representation of conflicting interests) gives rise to an obligation under Rule 8.3 to report.
Where a lawyer learns of another lawyer’s misconduct in the course of representing her client, and the information about the misconduct constitutes a confidence or secret within the meaning of Rule 1.6, that Rule prohibits her reporting it without the client’s consent. If, after having been made fully aware of any possible adverse consequences for his ultimate recovery, the client does consent, then neither Rule 1.6 nor Rule 1.3(b)(2) bars reporting. On the facts of this case, the Committee is unable to conclude that the misconduct at issue (failure to comply with the statute of limitations and representation of conflicting interests) gives rise to an obligation under Rule 8.3 to report.
