I've witnessed other lawyers give false testimony and make misrepresentations. Does the ethics panel decide whether that's reportable misconduct under Rule 8.3, or do I?

Plain-English summary

The inquiring attorney submitted three separate situations and asked the panel to determine whether the various attorneys' conduct rose to the level of misconduct under Rule 8.3 and, if so, whether the inquiring attorney had to report it to the Disciplinary Board. The attorney described the conduct as false representations under oath before a tribunal, false misrepresentations to an opposing party and counsel, and false testimony in court that the judge relied upon in granting a decision.

The panel set out Rule 8.3(a), which requires a lawyer who knows that another lawyer has committed a violation raising a substantial question as to that lawyer's honesty, trustworthiness, or fitness to inform the appropriate professional authority, and Rule 8.4, which defines misconduct to include violating the rules, committing a criminal act reflecting adversely on honesty or fitness, and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The panel declined to decide whether the described conduct crossed the reporting threshold. It explained that whether another attorney has violated a rule raising a substantial question as to honesty, trustworthiness, or fitness involves credibility determinations that are largely subjective, and so is a determination to be made by the attorney who witnessed the conduct, not by the panel. It concluded that if the inquiring attorney has knowledge that another lawyer has committed such a violation, the inquiring attorney shall inform the Disciplinary Counsel's Office.

Currency note

This opinion was issued in 1995, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 8.3 and 8.4 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Does the ethics panel decide whether another lawyer's conduct must be reported?

A: No. The panel held that the determination whether conduct raises a substantial question as to honesty, trustworthiness, or fitness is a largely subjective credibility judgment for the witnessing attorney, not the panel.

Q: When must a lawyer report another lawyer under Rule 8.3?

A: The panel stated that a lawyer who has knowledge that another lawyer committed a violation raising a substantial question as to that lawyer's honesty, trustworthiness, or fitness shall inform Disciplinary Counsel.

Q: What kinds of conduct did the inquiry involve?

A: The inquiry described false representations under oath before a tribunal, false misrepresentations to an opposing party and counsel, and false testimony relied upon by a judge, the sort of dishonesty Rule 8.4(c) addresses.

Background and rules framework

The opinion applies Rule 8.3 (Reporting Professional Misconduct) and Rule 8.4 (Misconduct), which correspond to Model Rules 8.3 and 8.4. Rule 8.3(a), as quoted, imposes a duty to report when a lawyer knows another lawyer committed a violation raising a substantial question as to honesty, trustworthiness, or fitness. Rule 8.4 defines the categories of misconduct, including conduct involving dishonesty, fraud, deceit, or misrepresentation. The panel's key move was to locate the "substantial question" judgment with the witnessing attorney rather than the panel.

Citations and references

Rules of Professional Conduct:

• MR 8.3 (reporting professional misconduct)
• MR 8.4 (misconduct)
• RI RPC 8.3, 8.4

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-43: Reporting a Lawyer's Alleged Custody Scheme Under Rule 8.3
• RI EAP Op. 95-10: Reporting Another Lawyer's Admitted Fund Misappropriation
• RI EAP Op. 95-09: Reporting a Paralegal Holding Out as a Lawyer

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2095-41.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Final

ETHICS ADVISORY PANEL
OPINION # 95-41, REQUEST # 607
ISSUED - SEPTEMBER 14, 1995

The inquiring attorney submitted three separate situations and asks this Panel to determine whether the various attorneys' conduct involved in each situation rose to the level of misconduct under Rule 8.3 and if so, must the inquiring attorney report the misconduct to the Disciplinary Board.

Without providing all three situations in total, the inquiring attorney describes the attorneys' conduct as false representations under oath before a tribunal, false misrepresentations made to an opposing party and counsel and false testimony made in court which the judge relied upon in granting a decision.

Rule 8.3 entitled "Reporting Professional Misconduct" states in pertinent part:

(a) A lawyer having knowledge 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.

Rule 8.4 defines "Misconduct" and states that it is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

In this situation described, the determination as to whether another attorney has violated an ethical rule that raises a substantial question as to that attorney's honesty, trustworthiness or fitness to practice is one which involves credibility determination that are largely subjective and is therefore one to be made by the attorney witnessing such conduct and not by this Panel.

According to the Rules of Professional Conduct, if the inquiring attorney has knowledge that another lawyer has violated a Rule that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer then the inquiring attorney shall inform the Disciplinary Counsel's Office.