Regulating Attorney Conduct

Question 1

Rule 8.3: Reporting Professional Misconduct

Answer 1

• have to inform authorities if the lawyer KNOWS that another lawyer has committed a violation of the RPC that raises a SUBSTANTIAL QUESTION as to the other lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects

Question 2

“Know” - defined in 1.0(f)

Answer 2

Actual knowledge of the fact in question. Such knowledge may be inferred from the circumstances
A reasonable lawyer would have a firm opinion that the conduct in question more likely than not occurred
More than mere suspicion, but less than absolute or moral certainty
A person has knowledge of a fact if their conduct [can be inferred from circs] shows conscious avoidance or deliberate ignorance of the facts

Question 3

Mandatory Reporting - “Shall”

Answer 3

A substantial question as to the other lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

Question 4

Discretion to Report - “may”

Answer 4

Suspected misconduct

- don’t have to know

Question 5

Rule 5.2: Responsibilities of a Subordinate Lawyer

Answer 5

A lawyer has professional obligations independent of what another lawyer tells you to do

Safe Harbor Provision in (b):
- can say that there was a reasonable resolution of an arguable question of professional duty

Question 6

Wieder v. Skala

Answer 6

Rule: A law firm may not terminate the employment of an associate for insisting that the firm report a fellow associate’s misconduct to the bar

• You can’t fire someone for fulfilling their professional obligations
• Court is showing that they take professional obligations very seriously
• Lawyers are protected from wrongful termination by Rule 8.3

Question 7

Rule 8.1: Bar Admission and Disciplinary Matters

Answer 7

• very important to err on the side of full disclosure when applying to the bar
• can’t make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension
• Rule does not require disclosure of info otherwise protected by 1.6

Question 8

In re Pautler

Answer 8

Rule 8.4(c): It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation

• there are no exceptions to the rule - but there can be mitigating factors when determining sanctions
• When a lawyer occupies multiple roles, none of those other obligations justifies a departure from the rules of the legal profession