LAWYER TO LAWYER MENTORING PROGRAM INTRODUCTION TO REPORTING LAWYER MISCONDUCT
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1 ! LAWYER TO LAWYER MENTORING PROGRAM INTRODUCTION TO REPORTING LAWYER MISCONDUCT The following is intended to facilitate a discussion about a lawyer s obligation to report lawyer misconduct, including the appropriate way to handle situations where the new lawyer believes another lawyer has committed an ethical violation and where the new lawyer has been asked by a senior member of the firm to do something that is unethical or unprofessional. WHAT WENT WELL? Start by sharing with each other a brief story of something that went well in your practice this week: Share your reflection by on one of these questions: What caused the good event? What does it mean? How did you contribute? Others? How can you have more such events in the future? ACTIVITIES FOR TODAY Discuss a lawyer s obligation to report lawyer/judge misconduct, including the reasons why lawyers should report other lawyers misconduct and to whom such misconduct should be reported. See RPC 8.3 and 8.4. Discuss the types of factors which should be considered in determining whether misconduct should be reported to a tribunal, disciplinary agency, prosecutor s office, or other authority. Discuss the following situations and suggest the most appropriate authority (if any) to whom the conduct should be reported and the reasons therefore: o Continuous discovery abuse by opposing counsel o Opposing counsel filing frivolous lawsuits or lawsuits merely to harass your clien o Egregiously unprofessional conduct during litigation o Suspected theft by a attorney of a former client s funds o Suspected financial misconduct by a lawyer who is guardian for an incompetent person o An attorney s failure to pay expert fees or other costs of litigation o Theft of IOLTA monies by a lawyer in your firm o Abusive and disrespectful behavior toward counsel and/or witnesses by a judge o Client neglect because of suspected substance abuse or mental health issues by another attorney o Erratic and unfair behavior by a judge because of suspected substance abuse or! Tennessee Bar Association! 221 Fourth Avenue N., Suite 400! Nashville, TN Telephone: ! Facsimile:
2 ! mental health issues o Opposing counsel representing a party with whom there is a conflict of interest o Unauthorized practice of law by an attorney licensed in a jurisdiction other than Tennessee Discuss a lawyer s obligation to assist in and provide information about a lawyer or judge s conduct in an inquiry by a tribunal or other authority investigating that lawyer or judge. See RPC 8.3. Discuss the firm s procedure (if in an in-house mentoring relationship) or the appropriate action for a new lawyer who suspects that a partner in the firm has committed misconduct. Discuss the procedure when an associate in the firm is suspected of misconduct. Discuss what the new lawyer should do if he or she does not know whether a partner or associate s conduct is inappropriate, but he or she suspects that it might be. Discuss what the new lawyer should do if a superior in the new lawyer s firm instructs the new lawyer to do something that the new lawyer believes to be unethical. See RPC 5.1 and 5.2. Discuss the new lawyer s ethical responsibility to properly oversee non-lawyer assistants efforts to ensure that their conduct is compatible with the professional obligations of the lawyer. See RPC 5.3. Read and discuss the attached excerpt regarding dealing with ethical issues in your law firm. KIMM ALAYNE WALTON, WHAT LAW SCHOOL DOESN T TEACH YOU BUT YOU REALLY NEED TO KNOW (2000). Suggest resources that the new lawyer can consult for making important ethical decisions, including the following: o Identify the procedure for obtaining in-house ethics advice (if you are in an inhouse mentoring relationship). o Provide suggestions for finding outside ethics counsel and when such action is recommended. o Identify other helpful ethics materials, where they can be found, and the importance of supplementing general ethics resources with independent research on Tennessee disciplinary case law when the ethics resources reviewed are not based on the Tennessee Rules of Professional Conduct. o Identify ethics inquiry services of bar associations. o Discuss procedures for requesting or researching ethics advisory opinions of bar associations or the Tennessee Board of Professional Responsibility.! Tennessee Bar Association! 221 Fourth Avenue N., Suite 400! Nashville, TN Telephone: ! Facsimile:
3 ! RESOURCES Tennessee Rules of Professional Conduct Rules & : Tennessee Bar Association! 221 Fourth Avenue N., Suite 400! Nashville, TN Telephone: ! Facsimile:
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OFFICE OF THE CHIEF TRIAL COUNSEL INTAKE 845 SOUTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90017-2515 TELEPHONE: (213) 765-1000 FAX: (213) 765-1168 http://www.calbar.ca.gov Dear Complaining Witness, In