Also known as: professional mis-conduct · attorney misconduct · lawyer misconduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a lawyer that violates the rules of professional conduct or constitutes a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. The doctrine encompasses knowing assistance in rule violations through the acts of another as well as dishonesty and conflict-of-interest violations that warrant discipline.
Pablo Perez missed the statute of limitations on his client's personal-injury claim. He paid the client from personal funds to conceal the error and never advised the client of a possible malpractice claim or the need for independent counsel. The disciplinary authority found the concealment and conflict of interest constituted professional misconduct warranting discipline beyond mere negligence.
Pierce Patterson learned from a reliable source that a colleague had falsified discovery responses. He reported the conduct to the state disciplinary authority. When the colleague sued for defamation, the court held the report absolutely privileged because it discharged an ethical duty to report professional misconduct.
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It is professional misconduct for a lawyer to violate or attempt to violate the rules, knowingly assist or induce another to do so, or do so through the acts of another. The rule reaches targeted deletion of responsive documents accomplished through a vendor as well as urging nonlawyers to circulate knowingly false statements.
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No. The rule requires that the criminal act reflect adversely on honesty, trustworthiness, or fitness as a lawyer in other respects. Courts examine whether the offense has a nexus to client representation or the administration of justice and consider mitigating factors such as remediation and absence of client harm.
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Reports to disciplinary or judicial authorities made pursuant to an ethical duty are absolutely privileged against defamation claims even when the reporter relies on information from others rather than personal knowledge.
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An honest mistake in handling a matter generally does not by itself justify discipline. Egregious mishandling combined with concealment or failure to disclose a potential malpractice claim, however, constitutes serious professional misconduct.
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