Duty to Report Fellow Lawyers
and to Self-Report

Ohio Rule of Professional Conduct 8.3 alters a lawyer’s duty to report misconduct of fellow lawyers. Rule 8.3 is fulfilled by informing Disciplinary Counsel or a certified grievance committee of a bar association of another lawyer’s misconduct. Under the former Ohio Code of Professional Responsibility (superseded February 1, 2007), the duty was fulfilled by merely reporting the misconduct to the tribunal, or alternatively, to disciplinary authorities. Other novel aspects of Rule 8.3 include:

• Rule 8.3 uses different language to define the standard for reporting misconduct - “conduct raising a question as to a lawyer’s honesty, trustworthiness, or fitness as a lawyer.” Mere suspicion of lawyer misconduct need not be reported, but when in doubt, a lawyer should err on the side of reporting probable misconduct;

• Rule 8.3 establishes a duty for a lawyer to self-report his or her own misconduct. Self-reporting under former Code was viewed as mitigation. Under the new rules, a lawyer commits an additional disciplinary violation by failing to self-report;

• Privilege communications by a client in a client/lawyer relationship revealing another lawyer’s professional misconduct do not require reporting. The Commentary to Rule 8.3 encourages clients to consent to reporting such misconduct if reporting would not substantially prejudice the client’s legal interests.

This document has been prepared as a general reference for careful lawyers and their staff for informational purposes. The information contained herein is not intended to be and should not be construed as legal advice. Each circumstance should be considered and evaluated separately, and possibly with involvement of legal counsel.

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