CLE Credit *
Tracy L. Kepler
Tracy L. Kepler Director of Risk Control Consulting
CNA's Lawyers Insurance Program
The “Snitch” Rule Rule 8.3 & Your Duty To Report Attorney Misconduct
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Ethics
Premieres March 31, 1:00 PM ET/10:00 AM PT
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The “Snitch” Rule: Rule 8.3 & Your Duty To Report Attorney Misconduct

ABA Model Rule of Professional Conduct 8.3 and its many state counterparts require lawyers to inform the appropriate professional authority once a lawyer 'knows' another lawyer has engaged in certain professional misconduct. Knowledge of such violations can vary depending on the relationship between the lawyers in question. This program will consider the provisions of Model Rule 8.3 and an attorney’s obligations to report another attorney or judge to the appropriate regulatory authority. The speaker will discuss when specific reporting is triggered, the consequences of acting or failing to act, and best practices for taking effective action. The speaker will also explore what information is reported and to whom, the duty to self-report his/her/their own misconduct or that of an associate, and duties to report an impaired or suspended, disbarred or out-of-state lawyer.

Agenda:
  • Model Rule 8.3(a): Reporting Professional Misconduct
    • The language of the rule and state variations
    • Confusion over the Rule’s use and application
    • Attorneys as mandated reporters
    • How does this play out: Define the elements

  • Model Rule 8.3(b): Reporting Professional Misconduct

  • Model Rule 8.3(c): Reporting Professional Misconduct
    • Intersection of Model Rule 8.3(c) and Model Rule 1.6
    • Model Rule 8.3(c) & lawyer assistance programs
    • Example Scenarios

  • Cautionary Case Tales
    • In Re Himmel, 25 Ill.2d 531, 533 N.E.2d 790 (Ill. 1988)
    • In re Riehlmann, 891 So. 2d 1239 (2005)
    • Implicating myself?
    • Implicating my partners?
    • Reporting suspended/out-of-state lawyer?

  • Questions & Answers (as time permits)
Topics covered include: Ethics
Duration of this webinar: 60 minutes
When: Premieres in 14 days | March 31, 2025 10:00 AM PT
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Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

California CLE

Status: Approved

Credits: 1.00 Legal Ethics

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Texas CLE

Status: Pending

Credits: TBD


This presentation is approved for one hour of Legal Ethics CLE credit in California, and one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels). An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Looking for CLE credit? Visit CLE Dashboard CLE Accreditation
Speaker
Tracy L. Kepler
Tracy L. Kepler Director of Risk Control Consulting
CNA's Lawyers Insurance Program

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Tracy lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues. Read More ›

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