Is it professional misconduct for me to file a disciplinary complaint against another lawyer who defied a court order and won't pay court-ordered sanctions, when I'd also collect court-awarded fees?

Plain-English summary

Attorney A wished to file a complaint with the Supreme Court Disciplinary Counsel against another attorney for refusing to comply with a court order and pay court-ordered sanctions, and asked whether filing such a complaint would itself constitute professional misconduct under Rules 8.3 and 8.4.

The opinion quotes Rule 8.3, "Reporting Professional Misconduct," under which a lawyer having knowledge that another lawyer committed a violation raising a substantial question as to that lawyer's honesty, trustworthiness, or fitness shall inform the appropriate professional authority, subject to Rule 8.3(c)'s exception for information protected by Rule 1.6. It also quotes Rule 8.4, which makes it misconduct to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The opinion finds that if the inquiring attorney has knowledge that another lawyer committed any action questioning that lawyer's honesty, trustworthiness, or fitness, then the attorney is required to inform the appropriate authorities under the cited Rules. It adds that the fact the inquiring attorney will receive court-ordered legal fees does not affect the obligation to report under Rule 8.3.

In practice

Under this opinion, far from being misconduct, reporting can be mandatory: where the attorney has knowledge of conduct raising a substantial question about another lawyer's honesty, trustworthiness, or fitness, Rule 8.3 requires informing the appropriate authority. The opinion also makes clear that the reporter's own financial stake -- here, court-ordered fees -- does not relieve or undermine the Rule 8.3 duty.

Common questions

Q: Is filing a disciplinary complaint against another lawyer itself misconduct?

A: No. The opinion finds that filing such a complaint is not misconduct, and that Rule 8.3 may in fact require reporting.

Q: When must a lawyer report another lawyer's conduct?

A: Under the opinion, when the lawyer has knowledge that another lawyer committed a violation raising a substantial question as to honesty, trustworthiness, or fitness, subject to Rule 8.3(c)'s Rule 1.6 exception.

Q: Does standing to collect court-ordered fees change the duty?

A: No. The opinion states that receiving court-ordered legal fees does not affect the obligation to report under Rule 8.3.

Background and rules framework

The opinion interprets Rhode Island Rules of Professional Conduct 8.3 (reporting professional misconduct) and 8.4 (misconduct), analogs of the corresponding Model Rules, with Rule 1.6 (confidentiality) as the limit on the reporting duty. Rule 8.3(a) mandates reporting violations raising a substantial question as to honesty, trustworthiness, or fitness; Rule 8.3(c) excepts information protected by Rule 1.6; Rule 8.4 defines misconduct including dishonesty, fraud, deceit, or misrepresentation.

Citations and references

Rules of Professional Conduct:

• MR 8.3 / RI RPC 8.3 (reporting professional misconduct)
• MR 8.4 / RI RPC 8.4 (misconduct; dishonesty, fraud, deceit, or misrepresentation)
• MR 1.6 / RI RPC 1.6 (confidentiality; limit on the reporting duty)

See also

• RI EAP Opinion 93-06: Panel declines to judge opposing counsel's subpoena; may report under 8.3
• RI EAP Opinion 90-04: duty to report opposing counsel's improperly notarized affidavits

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%2093-48.pdf

Original opinion text

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

ETHICS ADVISORY PANEL
Opinion #93-48, Request #381
Issued July 28, 1993

Attorney A desires to file a complaint with the Supreme Court Disciplinary Counsel against another attorney for his/her refusal to comply with a court order and pay court ordered sanctions. Attorney A asks if the filing of such a complaint constitutes professional misconduct pursuant to Rules 8.3 and 8.4.

Rule 8.3 entitled "Reporting Professional Misconduct" states that:

(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6.

Rule 8.4 entitled "Misconduct" states that:

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

The Panel finds that if the inquiring attorney has knowledge that another has committed any action that questions that lawyer's honesty, trustworthiness or fitness then he/she is required to inform the appropriate authorities pursuant to the Rules cited above. The fact that the inquiring attorney will receive court ordered legal fees does not affect the obligation to report under Rule 8.3.