职业行为准则

规则8.3:报告职业不端行为

   (a) A lawyer who knows that another lawyer has committed a violation of the 职业行为准则 that raises a substantial question as to that lawyer’s honesty, 诚信, 或者在其他方面适合做澳博app, 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 规则1.6或其他法律.
 
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[1] Self-regulation of the legal profession requires that members of the profession initiate disciplinary investigation when they know of a violation of the 职业行为准则. 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 规则1.6. 然而, a lawyer should encourage a client to consent to disclosure where prosecution would not substantially prejudice the client’s interests. Information that is a client confidence or secret under 规则1.6是“否则受规则1保护”.6”，属于规则8的含义.3(c). 规则1.6(c), (d), and (e) describe circumstances in which 澳博app可以 reveal information otherwise protected by 规则1.6. 在这种情况下, 澳博app可以, 但不是必须的, make disclosures otherwise required by this rule.

[3] If a lawyer were obliged to report every violation of the 规则, 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 term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware. A report should be made to the 纪律大澳博app办公室. A lawyer who believes that another lawyer has a significant problem of alcohol or other substance abuse which does not require reporting to Disciplinary Counsel under this rule, may nonetheless wish to report the perceived situation to the Lawyer Counseling Committee, 由政府运作.C. 酒吧, which assists lawyers having such problems.

[4] 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 规则 applicable to the client-lawyer relationship. 规则1.6(c), (d), and (e) give a lawyer discretion to reveal information otherwise protected by 规则1.6 in some circumstances, despite a client-lawyer relationship. 如果存在这种情况, 澳博app可以, 但不是必需的, to reveal the information as part of a report of misconduct under this rule. The duty to report may also be limited by other law, 包括法院的规则或命令, 保护订单, and laws restricting disclosure of grand jury or tax information.

[5]规则1.第6(h)条纳入规则1的保护范围.6 certain types of information gained by lawyers participating in lawyer counseling programs of the D.C. 大澳博app谘询委员会. To the extent information concerning violations of the 职业行为准则 falls within the scope of 规则1.6(h), a lawyer-counselor would not be required or permitted to inform the “appropriate professional authority” referred to in 规则8.3. 在规则1下，披露是允许的.6(见第1段.6(c), (d), (e)获准披露的情况), discretion to disclose to the “appropriate professional authority” would also exist pursuant to paragraph 8.3(c). 另见对规则1的注释.第6段[29]、[30]和[31].