Archives for February 2015
By: Arend J. Abel, Attorney
I help cover the Indiana State Bar Association’s Ethics Hotline, and one of the questions I get most often is a question like this:
“My opposing counsel did X. Do I have a duty to report to the Disciplinary Commission?”
Sometime the “X” isn’t an ethics violation at all, which makes the answer to the question easy. More often, though there is some sort of violation, so the issue of duty to report arises.
The duty to report other attorneys’ ethics violations appears in Ind. R. Prof. Cond. 8.3, which says:
(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.