I am admitted in Rhode Island and Massachusetts and know of a Massachusetts lawyer's violation of Massachusetts rules. Must I report it under Rhode Island's Rule 8.3?

Plain-English summary

The inquiring attorney, admitted in both Rhode Island and Massachusetts, is aware of evidence that would support a complaint against a Massachusetts lawyer for a violation of the Massachusetts Code of Professional Responsibility. The opinion notes that under Massachusetts DR 1-103(B), a Massachusetts lawyer is not obligated to reveal "knowledge or evidence" of misconduct unless there is a "proper request of a tribunal or other authority empowered to investigate or act," and that no such request had been made. The attorney asked whether he or she is required to report the alleged violation to the Massachusetts Board of Bar Overseers under Rhode Island Rule 8.3.

The opinion quotes Rule 8.3, which requires a lawyer with knowledge that another lawyer has committed a violation of the Rules of Professional Conduct raising a substantial question as to that lawyer's honesty, trustworthiness, or fitness to inform the appropriate professional authority.

Under these facts, the opinion takes the position that the inquiring attorney does not have a duty under Rule 8.3 to report the alleged violation, because the Rhode Island Rules of Professional Conduct have not been violated.

In practice

Under this opinion, Rule 8.3's reporting duty is keyed to a violation of the Rhode Island Rules of Professional Conduct. Because the alleged misconduct was a Massachusetts lawyer's violation of the Massachusetts rules, the opinion concludes the Rhode Island rule was not violated and no Rule 8.3 duty to report arose on these facts.

Common questions

Q: Does Rhode Island's Rule 8.3 reach a violation of another state's rules?

A: On these facts, no. The opinion concludes there is no Rule 8.3 duty because the Rhode Island Rules of Professional Conduct have not been violated.

Q: Did the fact that the lawyer is admitted in both states change the answer?

A: The opinion still found no Rule 8.3 duty, resting on its position that the alleged violation was of the Massachusetts rules, not the Rhode Island rules.

Q: What triggers a Rule 8.3 reporting duty?

A: The opinion quotes Rule 8.3: knowledge that another lawyer committed a violation of the Rules of Professional Conduct raising a substantial question as to that lawyer's honesty, trustworthiness, or fitness, which must be reported to the appropriate professional authority.

Background and rules framework

The opinion interprets Rhode Island Rule of Professional Conduct 8.3 (reporting professional misconduct), the analog of Model Rule 8.3. It reads the duty as attaching to a violation of the Rhode Island Rules of Professional Conduct, and references Massachusetts DR 1-103(B) as background for the underlying conduct at issue.

Citations and references

Rules of Professional Conduct:

• MR 8.3 / RI RPC 8.3 (reporting professional misconduct)

Other authorities cited:

• Massachusetts DR 1-103(B) (reporting duty conditioned on a proper request of a tribunal or authority)

See also

• RI EAP Opinion 93-55: reporting an escrow lawyer's Rule 1.15(b) delay under 8.3
• RI EAP Opinion 93-48: filing a disciplinary complaint is required, not misconduct, under 8.3

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%2093-63.pdf

Original opinion text

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

(FINAL)
ETHICS ADVISORY PANEL
OPINION #93-63, REQUEST #402
Issued September 14, 1993

The inquiring attorney, a member of both the Rhode Island and Massachusetts bars, is aware of evidence which would support a complaint against a Massachusetts lawyer for a violation of the Massachusetts Code of Professional Responsibility. Pursuant to Massachusetts DR 1-103(B), a Massachusetts lawyer is not obligated to reveal "knowledge or evidence" of misconduct unless there is a "proper request of a tribunal or other authority empowered to investigate or act." In this case, no request has been made. The inquiring attorney asks whether he/she is required to report the alleged violation to the Massachusetts Board of Bar Overseers pursuant to Rule 8.3 of the Rhode Island Rules of Professional Conduct. Rule 8.3 states, in part, as follows:

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.

Under these facts, the Panel takes the position that the inquiring attorney does not have a duty under Rule 8.3 to report the alleged violation because the Rhode Island Rules of Professional Conduct have not been violated.