Rules of Professional Conduct Related Ethical Opinions

8.3  Reporting Misconduct


98-02: Reporting Misconduct; Ineffective Assistance of Counsel; Criminal Representation

The filing of an affidavit of ineffective assistance does not necessarily require reporting under ER 8.3.  The lawyer still must use the analysis set forth in ER 8.3 to determine on a case-by-case basis whether the ineffective assistance raises a substantial question as to defense counsel's honesty, trustworthiness, or fitness. [ERs 1.1, 1.6, 8.3]

94-12: Client Confidences; Reporting Misconduct

A lawyer may refrain from or delay reporting misconduct of his client's former lawyer, at the request of the client, when the underlying information upon which the complaint would be based was disclosed to the inquiring attorney during the course of representation and, therefore, is protected by ER 1.6. Since the situation does not involve an exception to the confidentiality rule, ER 1.6 trumps ER 8.3 and the facts cannot be disclosed.

94-08: Limitation on Representation; Reporting Misconduct; County Attorney Contract

Private practitioner offered a contract to represent a county commission may not agree to terms that would require the attorney to seek prior approval of the board of supervisors before proceeding beyond filing an answer. Opinion also discusses whether it is an ethical violation to offer such a contract.

94-09: Reporting Misconduct; Excessive Fees

Discussion of attorney's obligation and duties of confidentiality when he believes another attorney has charged an excessive fee.

90-13: Reporting Professional Misconduct

Thorough analysis of the scope of an attorney's ethical duty to report another attorney's misconduct.

90-06: Confidentiality of Information; Restrictions on Right to Practice

Settlement agreement which prohibits attorney from representing certain clients in the future, and required him to dismiss any Bar complaints he filed against other attorneys involved in the case.

89-06: Reporting Misconduct

General comments on the extent of a lawyer's obligation to report another attorney's misconduct in light of In re Himmel (Ill. 1988).

88-08: Confidentiality; Diligence; Scope of Representation

Necessity of lawyer withdrawing from representation of client who lawyer knows has obtained information by means of surreptitious tape recording. Attorney making use of such information.

87-26: Misconduct; Reporting Misconduct

Ethical responsibility of a lawyer who has knowledge of another lawyers failure to file income tax return.

87-19: Confidentiality; Communication

The juvenile public defender who learns that conversations between attorneys and detainers at the juvenile detention facility are monitored by detention staff personnel has an ethical duty to represent the juvenile the same as any other client. That duty extends to protecting the juveniles right to effective counsel, which includes privileged communications.