Posted on 5/24/2025
By Michel Keck

In the legal profession, integrity is not optional—it is foundational. Attorneys are bound not only by a duty to advocate zealously for their clients, but also by an ethical obligation to uphold the standards of the profession itself. One of the most critical—yet often misunderstood—responsibilities is the duty to report serious professional misconduct by another lawyer.

This post explores the mandatory reporting rule under Rule 8.3 of the ABA Model Rules of Professional Conduct, how it works across state lines, and the consequences attorneys face when they knowingly fail to report unethical behavior.

The Ethical Mandate: Rule 8.3

Rule 8.3(a) states:

"A lawyer who knows 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."

This rule is not optional. It is a formal, mandatory requirement in nearly every U.S. jurisdiction. Lawyers cannot turn a blind eye to serious misconduct—even if the offender is a colleague, former employer, or fellow bar member.

A Hypothetical Example

Imagine a client hires a law firm to litigate both copyright and trademark claims. During proceedings, the judge asks whether a ruling is needed on the trademark issue. Without consulting the client or getting informed consent, the attorney tells the judge that a ruling isn’t necessary—effectively waiving the trademark claim on the client’s behalf.

If this conduct is discovered later through court transcripts or firsthand accounts, it may constitute:

• A breach of fiduciary duty,

• A violation of client consent under Rule 1.2,

• And potentially misconduct under Rule 8.4(c) for dishonesty or misrepresentation.

If another attorney knows this occurred and recognizes the ethical breach, they may have a mandatory duty to report.

Violations Potentially Triggered

In this scenario, the offending attorney may have violated:

• Rule 1.2(a): Failing to abide by the client's decisions.

• Rule 1.4: Failure to communicate and consult with the client.

• Rule 1.1 / 1.3: Failing to perform competently or diligently.

• Rule 8.4(c): Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

These violations, if serious enough, trigger the reporting obligation under Rule 8.3(a).

Why Reporting Matters

The legal system relies on trust and ethical self-governance. The duty to report protects clients, courts, and the public. Ignoring serious misconduct sends the message that ethics are optional and accountability is negotiable.

Addendum: Cross-State Reporting & Failure to Report

Out-of-State Misconduct

Do attorneys have to report unethical conduct by lawyers in other states? Yes—potentially. The duty to report under Rule 8.3 is triggered by what the reporting attorney knows, not where the misconduct occurred.

When a Lawyer Knows and Still Fails to Report

Suppose an attorney knows another attorney has committed misconduct and even tells a client, “That’s unethical” or “You should sue,” yet despite this awareness, the attorney refuses to report the offending lawyer to the bar. Such failure to fulfill the mandatory reporting obligation not only undermines the integrity of the profession but may itself constitute a violation of professional ethics, exposing the non-reporting attorney to disciplinary consequences.

A malpractice suit encouraged by the informed attorney does not substitute for their ethical obligation to report professional misconduct to the disciplinary authority.

Consequences of Failing to Report:

• Professional discipline,

• Reputational harm,

• Potential exposure in later litigation for concealing known misconduct.

Final Word: Accountability Is Mandatory

Whether the misconduct occurs next door or across state lines, if a lawyer knows of a serious ethical breach, they have a duty to report. The rules don’t allow for discretion or delay. The legal profession is built on accountability, and silence in the face of misconduct is not neutrality—it’s complicity.

Reflecting on the Moral Imperative

One scripture that has resonated deeply with me throughout my career—and one I have reflected on countless times—is James 4:17 (NIV):
"If anyone, then, knows the good they ought to do and doesn’t do it, it is sin for them."

This powerful admonition underscores the moral imperative to act when faced with wrongdoing—reminding us that silence or inaction in the face of known injustice is itself a grievous fault.

On Our Growing Indifference

I’ve observed with concern how our world has grown increasingly detached when it comes to standing up for what is right and wrong. Too often, if injustice doesn’t directly affect someone personally, they simply turn away and remain silent. That was never how I was raised. My parents instilled in me the importance of speaking out whenever I witness unfairness, regardless of whether it harms me directly. It feels like we’ve lost a fundamental sense of caring—an urgency to protect those who are being taken advantage of, bullied, or abused. This indifference weakens the fabric of our society and allows injustice to thrive unchecked.  Just my two cents...