I discovered another lawyer's misconduct while representing a client. Can I report it without my client's consent?

Plain-English summary

The inquiring attorney asked whether an attorney may report another lawyer's professional misconduct without the client's consent when that misconduct was discovered during the course of representing a client.

The panel noted that under Rule 1.6, an attorney has discretion to reveal information relating to the representation of a client in only two situations, and if neither of those situations arises, the attorney is prohibited from making a disclosure. The panel quoted the comment to Rule 1.6, which states in part that "the confidentiality rule applies not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source."

Assuming the information the attorney received is confidential and within the attorney-client privilege, the panel took the position that, absent the consent of the client, the attorney is prohibited by Rule 1.6 from revealing it, even in the context of reporting another attorney's misconduct. The panel added a reference to Rule 8.3(c), which states that a report regarding another attorney's misconduct is not required where it would involve violating Rule 1.6.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 1.6 and 8.3 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, including the confidentiality exceptions in Rule 1.6. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I report another lawyer's misconduct I learned while representing my client?

A: Per the opinion, not if doing so would reveal confidential information within the attorney-client privilege, absent the client's consent. Rule 1.6 prohibits the disclosure.

Q: Does Rule 8.3's duty to report override confidentiality here?

A: Per the opinion, no. Rule 8.3(c) provides that a report is not required where it would involve violating Rule 1.6.

Q: How broadly does the confidentiality rule reach?

A: Per the opinion, the comment to Rule 1.6 states that the rule applies not merely to matters communicated in confidence by the client but to all information relating to the representation, whatever its source.

Background and rules framework

The opinion applies Rhode Island Rules 1.6 (confidentiality of information) and 8.3 (reporting professional misconduct), corresponding to Model Rules 1.6 and 8.3. Rule 1.6 permits disclosure of information relating to the representation only in limited situations; where none applies and the client does not consent, disclosure is barred. Rule 8.3(c) removes the reporting obligation where reporting would require a Rule 1.6 violation. The panel harmonized the two rules so that the confidentiality duty controls.

Citations and references

Rules of Professional Conduct:

• MR 1.6 (confidentiality of information)
• MR 8.3 (reporting professional misconduct)
• RI RPC 1.6, RI RPC 8.3(c)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-10: Reporting Another Lawyer's Admitted Fund Misappropriation
• RI EAP Op. 90-05: A CPA-Attorney's Duty on Learning of a Lawyer's Fraud on Heirs
• RI EAP Op. 91-52: A Lawyer May but Need Not Report an Opposing Party's Perjury or Fraud

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-01.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL

Opinion #92-1, Request #198
Issued January 14, 1992

An attorney seeks Panel advice as to whether or not an attorney may report another lawyer's professional misconduct without the client's consent when the professional misconduct was discovered during the course of representation of a client.

The Panel notes that pursuant to Rule 1.6, an attorney is given discretion to reveal information relating to the representation of a client in only two situations. If neither of these situations arise, the attorney is prohibited from making a disclosure. The Panel also notes the comment to Rule 1.6 which states in part, "The confidentiality rule applies not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source."

Assuming the information the attorney received is confidential and within the attorney-client privilege, the Panel is of the opinion that absent the consent of the client, the attorney is prohibited by Rule 1.6 of the Rhode Island Rules of Professional Conduct from revealing it, even in the context of reporting another attorney's misconduct. See also Rule 8.3(c) which states that a report regarding another attorney's misconduct is not required where it would involve violating Rule 1.6.