The “Snitch” Rule: Rule 8.3 & Your Duty to Report Attorney Misconduct
Explore Rule 8.3's impact on attorney duties in this Justia Connect webinar. Learn more on WebinarCafe.
Legal Webinar Benefits
ABA Model Rule of Professional Conduct 8.3 and its many state counterparts require lawyers to inform the appropriate professional authority once a lawyer 'knows' another lawyer has engaged in certain professional misconduct. Knowledge of such violations can vary depending on the relationship between the lawyers in question. This program will consider the provisions of Model Rule 8.3 and an attorney’s obligations to report another attorney or judge to the appropriate regulatory authority. The speaker will discuss when specific reporting is triggered, the consequences of acting or failing to act, and best practices for taking effective action. The speaker will also explore what information is reported and to whom, the duty to self-report his/her/their own misconduct or that of an associate, and duties to report an impaired or suspended, disbarred or out-of-state lawyer.
Topics covered include:
Ethics
Agenda:
Model Rule 8.3(a): Reporting Professional Misconduct
The language of the rule and state variations
Confusion over the Rule’s use and application
Attorneys as mandated reporters
How does this play out: Define the element
Model Rule 8.3(b): Reporting Professional Misconduct
Model Rule 8.3(c): Reporting Professional Misconduct
Intersection of Model Rule 8.3(c) and Model Rule 1.6
Model Rule 8.3(c) & lawyer assistance programs
Example Scenarios
Cautionary Case Tales
In Re Himmel, 25 Ill.2d 531, 533 N.E.2d 790 (Ill. 1988)
In re Riehlmann, 891 So. 2d 1239 (2005)
Implicating myself?
Implicating my partners?
Reporting suspended/out-of-state lawyer?
Questions & Answers (as time permits)
Duration of this webinar: 60 minutes
When: Premieres in 6 days | March 31, 2025 10:00 AM PT
Speaker: Tracy L. Kepler, Director of Risk Control Consulting, CNA's Lawyers Insurance Program.
