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.

Topics covered include:

Legal Ethics

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)

Duration of this webinar: 60 minutes

Originally broadcast: March 31, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Overview

Tracy Kepler is introduced as the speaker, focusing on Rule 8.3, known as the 'snitch rule,' and the duty to report attorney misconduct. Tracy outlines the complexities of Rule 8.3, emphasizing the importance of understanding when and what to report. The presentation will explore the provisions of Model Rule 8.3 and the obligations it imposes on attorneys.

05:33 Understanding Rule 8.3 and Reporting Obligations

Tracy delves into the specifics of Rule 8.3, explaining the mandatory nature of reporting misconduct that raises substantial questions about a lawyer's honesty or fitness. She highlights the variations in how different states have adopted Rule 8.3, noting that some states have stricter requirements than others. The importance of understanding jurisdictional differences is emphasized, with resources like the ABA's chart on state variations being recommended. Tracy discusses the challenges lawyers face in interpreting the rule, including its misuse as a litigation tactic. She stresses the need for lawyers to be aware of their reporting obligations and the potential consequences of failing to report.

11:38 Challenges and Misuse of Rule 8.3

Tracy discusses the misuse of Rule 8.3 as a litigation tactic, where it is used to disqualify opposing counsel or gain an advantage in proceedings. She explains that regulatory prosecutors are adept at distinguishing between legitimate and obstructive reports. The rule's self-regulatory nature is highlighted, emphasizing the profession's responsibility to maintain integrity. Tracy provides examples of how the rule can be misapplied, such as using it as a discovery tactic to access information. She underscores the importance of understanding the rule's intent and the ethical obligation to report serious misconduct.

36:06 Confidentiality and Exceptions in Reporting

Tracy explains the confidentiality provisions of Rule 8.3(c), which protect information obtained through client representation or participation in a Lawyer's Assistance Program. She emphasizes that client consent is required to disclose confidential information, and lawyers should encourage clients to allow disclosure when appropriate. The rule aims to balance the duty to report misconduct with the need to protect client confidentiality. Tracy highlights the importance of Lawyer's Assistance Programs in providing confidential support to legal professionals. She provides hypothetical scenarios to illustrate the application of Rule 8.3 and the exceptions to the reporting obligation.

48:18 Case Studies and Ethical Implications

Tracy discusses significant case studies, such as the Himmel case, to illustrate the consequences of failing to report misconduct under Rule 8.3. She highlights the increase in reports following the Himmel decision and the importance of understanding the rule's implications. The Riehlmann case is examined, showing the ethical dilemmas faced when misconduct is not reported promptly. Tracy explains that lawyers must report misconduct even if it implicates themselves or involves colleagues, emphasizing the rule's broad application. She provides examples of how the rule applies to various scenarios, including misconduct by suspended or out-of-state lawyers.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: February 28, 2026

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speaker

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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