Must a lawyer report another attorney's misconduct to the bar when the lawyer learned of it from a client in confidence and the client refuses to consent to disclosure?
Apply this to your situation
This page answers the general question as of 1972. Ask about yours and see what the current Virginia Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee addressed the tension between the duty to report another lawyer's misconduct and the duty of confidentiality. It concluded it is improper to report information concerning another attorney's unethical conduct to the bar when that information was obtained from a client in confidence and the client refuses to consent to its disclosure, citing DR 4-101(C)(1) and DR 1-103(A).
Currency note
This opinion was issued in 1972, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note states that Rule 1.6(c)(3) requires lawyers to consult with their clients in these circumstances. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.
Common questions
Q: Did the lawyer have to report the other attorney's misconduct?
A: Under this 1972 opinion, no, where the information came from a client in confidence and the client refused to consent. The committee found reporting improper in that situation.
Q: Which duty controlled, reporting or confidentiality?
A: The committee resolved the conflict in favor of the client's confidence, citing DR 4-101(C)(1) and the reporting provision DR 1-103(A). The committee note adds that current Rule 1.6(c)(3) requires consulting the client.
Background and rules framework
The opinion applied the former Code's confidentiality provision DR 4-101(C)(1) against its misconduct-reporting provision DR 1-103(A). The committee note maps the question onto current Virginia Rule 1.6(c)(3), corresponding to ABA Model Rule 8.3 (reporting professional misconduct) and its confidentiality limit drawn from ABA Model Rule 1.6.
Citations and references
Rules of Professional Conduct:
- DR 4-101(C)(1) (confidences and secrets) (former Code)
- DR 1-103(A) (reporting misconduct) (former Code)
- Virginia Rule 1.6(c)(3) (consulting the client) (cited in the committee note)
- ABA Model Rule 8.3 (reporting professional misconduct)
- ABA Model Rule 1.6 (confidentiality of information)
See also
- VA LEO 1004: Duty to Report Misconduct Raising a Substantial Question of Fitness
- VA LEO 1093: Duty to Disclose Fraud on a Tribunal and Report Co-Counsel
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0217.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LEGAL ETHICS OPINION 217
REPORTING VIOLATIONS BY OTHER ATTORNEY – CONFIDENTIAL INFORMATION.
It is improper for an attorney to report to the Bar information concerning unethical conduct by another attorney when such information was obtained from a client in confidence and the client refuses to consent to the disclosure thereof [See II: DR:4-101(C)(1) and DR:1-103(A).]
Committee Opinion
July 17, 1972
Legal Ethics Committee Notes. – Rule 1.6(c)(3) requires that lawyers consult with their clients in these circumstances.
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