Also known as: disciplinary authorities
Written by attorneys · grounded in primary & secondary sources — see below
A jurisdiction's power to investigate and sanction lawyers for professional misconduct. Admission to practice in the jurisdiction triggers this power regardless of where the lawyer's conduct occurs. A lawyer not admitted in the jurisdiction becomes subject to it by providing or offering legal services there.
Dustin Donovan holds active licenses in both State D and State E. He travels to State E three times to advise River Properties on easement disputes and permitting while physically present there. State E opens a disciplinary investigation into a conflict complaint arising from that representation.
Diane Dawson learns from a client that another lawyer misappropriated client funds. The client asks her not to report the misconduct and instead accepts private restitution. Dawson still reports the serious misconduct to the disciplinary authority.
Select any source to read its text and confirm it supports the definition.
Damian Decker receives a lawful demand for information from the disciplinary authority investigating his own conduct. He knowingly fails to respond and does not claim any Rule 1.6 protection. The authority proceeds with discipline for the nondisclosure.
Yes. A lawyer admitted to practice in a jurisdiction remains subject to its disciplinary authority regardless of where the lawyer's conduct occurs.
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Yes. A lawyer not admitted in the jurisdiction becomes subject to its disciplinary authority by providing or offering to provide any legal services there.
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Yes. The rule expressly recognizes that a lawyer may be subject to the disciplinary authority of both the admitting jurisdiction and another jurisdiction for the same conduct.
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No. The client's desire to keep the misconduct quiet and any private restitution agreement do not override the reporting duty when the information is not itself confidential under Rule 1.6.
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