Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › MAINTAINING THE INTEGRITY OF THE PROFESSION › Rule 8.3 - Reporting Professional Misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) 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.
(b) A lawyer who knows
						that a judge has committed a violation of applicable rules of judicial conduct
						that raises a substantial question as to the judge's fitness for office shall
						inform the appropriate authority.
(c) This Rule does not require disclosure of
						information otherwise protected by Rule
						1.6 or information gained by a
						lawyer or judge while participating in an approved lawyers assistance program.
Comment:
(1) Self-regulation of the legal profession
						requires that members of the profession 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. Reporting a violation is especially
						important where the victim is unlikely to discover the offense.
(2) A report about misconduct is not required
						where it would involve violation of Rule
						1.6. However, a lawyer should
						encourage a client to consent to disclosure where prosecution would not
						substantially prejudice the client's interests.
(3) If a lawyer were obligated 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.
						A measure of judgment is, therefore, required in complying with the provisions
						of this Rule. The duty to report involves only misconduct that raises a
						substantial question as to that lawyer's honesty, trustworthiness or fitness as
						a lawyer in other respects. The term "substantial" refers to the seriousness of
						the possible offense and not the quantum of evidence of which the lawyer is
						aware.
(4) While a lawyer may
						report professional misconduct at any time, the lawyer must report misconduct
						upon acquiring actual knowledge of misconduct. The discretionary reporting of
						misconduct should not be undertaken for purposes of tactical advantage over
						another lawyer, to punish or inconvenience another for a personal or
						professional slight, or to harass another lawyer.
(5) A report should be made to the bar
						disciplinary agency unless some other agency, such as a peer review agency, is
						more appropriate in the circumstances. Similar considerations apply to the
						reporting of judicial misconduct.
(6) The duty to report professional
						misconduct does not apply to a lawyer retained to represent a lawyer whose
						professional conduct is in question. Such a situation is governed by the Rules
						applicable to the client-lawyer relationship.
(7) Information about a lawyer's or judge's
						misconduct or fitness may be received by a lawyer in the course of that
						lawyer's participation in an approved lawyers or judges assistance program. In
						that circumstance, providing for an exception to the reporting requirements of
						paragraphs (a) and (b) of this Rule encourages lawyers and judges to seek
						treatment through such a program. Conversely, without such an exception,
						lawyers and judges may hesitate to seek assistance from these programs, which
						may then result in additional harm to their professional careers and additional
						injury to the welfare of clients and to the public. The Rules do not otherwise
						address the confidentiality of information received by a lawyer or judge
						participating in an approved lawyers assistance program; such an obligation,
						however, may be imposed by the rules of the program or other law.
(8) In addition to reporting a violation of
						another lawyer, a lawyer is required by the Pennsylvania Rules of Disciplinary
						Enforcement to self-report in certain circumstances. Pa.R.D.E. 214(a) provides
						that an attorney convicted of a crime shall report the fact of that conviction
						within 20 days to the Office of Disciplinary Counsel. For purposes of that
						rule, the term "crime" means an offense that is punishable by imprisonment in
						the jurisdiction of conviction, whether or not a sentence of imprisonment is
						actually imposed. It does not include parking violations or summary offenses,
						both traffic and non-traffic, unless a term of imprisonment is actually
						imposed.
(9) Likewise, Pa.R.D.E.
						216(e) requires an attorney who has been transferred to disability inactive
						status or disciplined in another court or by any body authorized by law or by
						rule of court to conduct disciplinary proceedings against attorneys by any
						state or territory of the United States or of the District of Columbia, a
						United States court, or by a federal administrative agency or a military
						tribunal, by suspension, disbarment, or revocation of license or pro hac vice
						admission, or who has resigned from the bar or otherwise relinquished his or
						her license to practice while under disciplinary investigation in another
						jurisdiction, to report the fact of that transfer, suspension, disbarment,
						revocation or resignation to the Disciplinary Board of the Supreme Court of
						Pennsylvania within 20 days after the date of the order, judgment or directive
						imposing or confirming the discipline or transfer to disability inactive
						status.