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.
- 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 elements
- 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)
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CNA's Lawyers Insurance Program
Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Tracy lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues. Read More ›