Under Rule 8.3, what triggers a lawyer's duty to report professional misconduct?

Under Rule 8.3, what triggers a lawyer's duty to report professional misconduct?

• A. Only if it directly relates to your own case.
• B. If it raises a substantial question as to honesty, trustworthiness, or fitness.
• C. Only if the misconduct is prosecuted.
• D. If the client complains.

Answer: (B)

Under Rule 8.3, the trigger for a lawyer’s duty to report is knowing that another lawyer has committed professional misconduct and recognizing that the misconduct raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness to practice. This means you don’t report for every violation or on every rumor; the misconduct must be serious enough to call into doubt the attorney’s integrity or ability to practice. The report is made to the appropriate professional authority (such as a disciplinary body). It’s not dependent on prosecution, nor requires a client complaint, nor is it limited to misconduct related to your own case.

Under Rule 8.3, the trigger for a lawyer’s duty to report is knowing that another lawyer has committed professional misconduct and recognizing that the misconduct raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness to practice. This means you don’t report for every violation or on every rumor; the misconduct must be serious enough to call into doubt the attorney’s integrity or ability to practice. The report is made to the appropriate professional authority (such as a disciplinary body). It’s not dependent on prosecution, nor requires a client complaint, nor is it limited to misconduct related to your own case.