Ezel / Ethics Opinions / MOLEC

Must a lawyer self-report a client’s allegation of misconduct against that lawyer?

Short answer No. The opinion says Rule 4-8.3 does not require a lawyer to self-report either a violation of the Rules of Professional Conduct or an allegation that the lawyer violated them.
Bar
MOLEC
Issued
2011

Apply this to your situation

This page answers the general question as of 2011. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2011
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A client alleged that the lawyer had engaged in misconduct toward the client. The lawyer asked whether that allegation triggered an obligation to report the lawyer’s own conduct.

The opinion answers no. It states that Rule 4-8.3 does not require an attorney to self-report either a violation of the Rules of Professional Conduct or an allegation of that attorney’s violation.

In practice

The opinion addresses only self-reporting under Rule 4-8.3 for the lawyer’s own alleged conduct. It concludes that the rule imposes no such obligation.

Common questions

Q: Must the lawyer report the client’s allegation against the lawyer?

A: No. The opinion expressly rejects a self-reporting obligation for an allegation of the lawyer’s own violation.

Q: Does Rule 4-8.3 require reporting one’s own actual violation?

A: No. The opinion says the rule does not require an attorney to self-report a violation of the Rules of Professional Conduct.

Background and rules framework

The opinion interprets Rule 4-8.3 only as to reporting one’s own violation or an allegation of one’s own violation.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-8.3

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: Does Attorney have an obligation to self-report Client’s allegation of misconduct by Attorney toward Client?

Answer: No. Rule 4–8.3 does not require an attorney to self-report a violation of the Rules of Professional Conduct or an allegation of a violation by that attorney.

What do the rules say today, for your facts?

This opinion is from 2011. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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