Does a lawyer still have to report another lawyer's misconduct if someone else may already have reported it?

Plain-English summary

The committee addressed whether a lawyer's reporting duty under DR 1-103 is excused when the lawyer believes someone else has already reported another lawyer's misconduct. It concluded the obligation persists: a lawyer must report violations of the Disciplinary Rules even when the lawyer believes or has cause to believe some other party has reported the misconduct.

Currency note

This opinion was issued in 1986, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that under current rules, where information about the violation is a client confidence, a lawyer may report only if the client consents under Rule 1.6(c)(3), and must consult with the client under that Rule. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: If another person has already reported a lawyer's misconduct, am I excused from reporting?

A: Under this 1986 opinion, no. The committee concluded the duty to report under DR 1-103 continues even when the lawyer believes or has cause to believe another party has already reported the misconduct.

Q: Does it matter that the information is a client confidence?

A: The opinion itself rested on DR 1-103. The committee note adds that under current rules a lawyer may report only with the client's consent where the information is a client confidence, after consulting the client under Rule 1.6(c)(3).

Background and rules framework

The opinion applies the former Code's DR 1-103 (reporting misconduct). The committee note maps the question onto current Virginia Rules 8.3 and 1.6(c)(3), the provisions on the duty to report and the confidentiality limits on reporting, corresponding to ABA Model Rule 8.3.

Citations and references

Rules of Professional Conduct:

• DR 1-103 (reporting Disciplinary Rule violations) (former Code)
• Virginia Rule 8.3 / ABA Model Rule 8.3 (reporting professional misconduct)
• Virginia Rule 1.6(c)(3) (client confidences and reporting; per the committee note)

See also

• VA LEO 1004: Reporting Another Lawyer's Misconduct
• VA LEO 977: Reporting Misconduct and Client Confidences
• VA LEO 839: Advising a Divorce Client to Destroy Phone Bills

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0838.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 838

DISCIPLINARY RULES – REPORTING
VIOLATIONS.

An attorney has an obligation to report violations of the Disciplinary Rules even when
the attorney believes or has cause to believe that some other party has reported the
misconduct. [DR:1-103]

Committee Opinion
September 4, 1986

Legal Ethics Committee Notes. – If information about the ethics violation is a client
confidence, a lawyer may report the other lawyer’s misconduct only if the client consents
under rule 1.6(c)(3); the lawyer considering whether to report must consult with the client
under that Rule.