MBE Rules · Professional Responsibility
Duty to Report Misconduct
Cal. Rules of Prof. Conduct 8.3
The rule
A lawyer with credible knowledge that another lawyer has committed a criminal act or engaged in dishonesty, fraud, deceit, or reckless or intentional misrepresentation that raises a substantial question about that lawyer's honesty must report to the State Bar. Adopted effective August 1, 2023.
In plain English
Lawyers have an obligation to report any credible knowledge of misconduct by another lawyer, particularly if it involves criminal acts or dishonesty that questions their integrity. This duty ensures that the legal profession maintains its ethical standards and public trust.
Worked example
Attorney Smith learns that Attorney Jones has been embezzling client funds. Smith has credible evidence of this misconduct and understands that it raises serious questions about Jones's honesty. Consequently, Smith reports Jones to the State Bar, fulfilling his duty to report.
Memory hook
If you see misconduct, report it to keep the profession honest!
The trap
Exams may present scenarios where the misconduct is ambiguous or where the lawyer's knowledge is questioned, leading students to second-guess their reporting obligations. Be careful not to overlook the requirement for credible knowledge.
How examiners test it
Questions often involve a fact pattern where one lawyer discovers another's misconduct and must decide whether to report it, testing the candidate's understanding of the duty to report and the threshold for credible knowledge.
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