The DTF met for a year, studying alternatives and weighing priorities. Nonetheless, the DTF recognized the importance of confidentiality for impaired lawyers, and sought ways to encourage lawyers to truthfully report their symptoms. The DTF believes that the mandatory reporting requirement of Rule 8.3 of the Minnesota Rules of Professional Conduct would deter impaired lawyers from seeking assistance, for fear that disclosing private mental health information to others lawyers would trigger a duty to report. Petitioners believe that Rule 8.3 should be amended to create an express, but limited, exception to the reporting requirements of the Rule. Self-regulation of the legal professional requires that members of the professional initiate disciplinary investigation when they know of a violation of the Rules of Professional Conduct.
Lawyers have a similar obligation with respect to judicial misconduct.
An apparently isolated violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover. A report about misconduct is not required where it would involve violation of Rule 1.6. If a lawyer were obliged to report every violation of the Rules, the failure to report any violation would itself be a professional offense. Such a requirement existed in many jurisdictions but proved to be unenforceable. This Rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent.