Must a Missouri lawyer report alleged misconduct by another lawyer whom the reporting lawyer represents in a dispute about that conduct?
Apply this to your situation
This page answers the general question as of 2023. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
Lawyer A represented Lawyer B in a contract dispute. Lawyer B had represented an LLC and was accused of filing actions for people who were not LLC members and had not authorized the filings. Lawyer B's conduct was at issue in the underlying litigation.
Rule 4-8.3 Comment [4] states that the duty to report professional misconduct does not apply to a lawyer retained to represent a lawyer whose professional conduct is in question. The usual rules governing the client-lawyer relationship apply instead.
Because Lawyer A represented Lawyer B in the matter concerning Lawyer B's conduct, the opinion concludes that Lawyer A had no obligation to report Lawyer B to the Office of Chief Disciplinary Counsel.
In practice
Under this opinion, the exception depends on an attorney-client relationship in which the lawyer client's own conduct is the subject of the representation. It does not state a broader exception for information about lawyers generally.
Common questions
Q: Does Rule 4-8.3 require counsel to report a lawyer client?
A: No, when counsel was retained to represent the lawyer concerning the conduct in question.
Q: What governs counsel's duties instead?
A: The rules applicable to the client-lawyer relationship.
Q: Why did the exception apply here?
A: Lawyer A represented Lawyer B in a dispute where Lawyer B's alleged conduct was directly at issue.
Q: Did Lawyer A have to report Lawyer B to disciplinary counsel?
A: No. The opinion applies Comment [4]'s representation exception.
Background and rules framework
Missouri Rule 4-8.3 establishes the reporting duty. Comment [4] excludes lawyers retained to represent the lawyer whose conduct is in question and points to the ordinary rules of the client-lawyer relationship.
Citations and references
Rules of Professional Conduct:
- Missouri Rule 4-8.3 and Comment [4]
See also
- Wisconsin Ethics Op. EF-26-01: Reporting Lawyer or Judge Misconduct
- Louisiana Ethics Op. 06-RPCC-010: Reporting Lawyer Misconduct
- Virginia Ethics Op. 217: Reporting Misconduct and Client Confidence
Source
- Landing page: Missouri Informal Opinion 2023-02
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Question: Lawyer A represents Lawyer B in a contract dispute in which Lawyer B represented an LLC and is alleged to have filed actions on behalf of non-members of the LLC without their knowledge or consent. Lawyer B’s conduct is at issue in the underlying lawsuits. Lawyer A asks if there is a requirement to report Lawyer B’s alleged misconduct to the Office of Chief Disciplinary Counsel pursuant to Rule 4–8.3.
Answer: Missouri Rule of Professional Conduct 4–8.3, Reporting Professional Misconduct, provides guidance in Comment [4] that “[t]he duty to report professional misconduct does not apply to a lawyer retained to represent a lawyer whose professional conduct is in question. Such a situation is governed by the Rules applicable to the client-lawyer relationship.” Based on Comment [4] to Rule 4–8.3, Lawyer A does not have an obligation to report Lawyer B because Lawyer A has an attorney-client relationship with Lawyer B in which Lawyer B’s conduct is in question.
What do the rules say today, for your facts?
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