Reporting Misconduct & Discipline
Professional Responsibility · Lesson 09
Reporting Misconduct & Discipline
這一課問的是：律師是否須依 MR 8.3 報告他律師之不法？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Must the lawyer report another lawyer's misconduct under MR 8.3?
這一課問的是：律師是否須依 MR 8.3 報告他律師之不法？
Trigger words & phrases that should flag this issue:
reportmisconductethical violationsubstantial question
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 8.3
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Reporting professional misconduct.
MR 8.3。
substantial question
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Misconduct raising substantial question about lawyer's honesty, trustworthiness, fitness.
重大問題。
knowledge
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Reporting required when lawyer has knowledge.
知悉。
confidentiality limit
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Confidential information not required to be disclosed.
保密例外。
MR 8.4
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Misconduct categories.
MR 8.4。
dishonesty
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Crime, fraud, deceit, misrepresentation.
不誠實。
judicial misconduct
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MR 8.3(b) covers judges.
司法不法。
Rule Sentence · the workhorse
Under MR 8.3(a), a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct raising a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer shall inform the appropriate professional authority, subject to MR 1.6 confidentiality.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為reporting misconduct報告不法
Object 對象another lawyer's violation他律師之違反
Standard 法律標準MR 8.3MR 8.3
Consequence 後果disciplinary review懲戒審查
Casebook Snapshot · a real American case
In re Himmel
Holding. A lawyer who learned of another lawyer's conversion of client funds and failed to report the misconduct, even when reporting was prevented by no client privilege, was suspended from practice for one year. The duty to report is mandatory absent confidentiality protection.
Why it matters. Himmel made reporting duties teeth: silence about known misconduct is itself professional misconduct.
Himmel：知悉而不報告本身為不法。
Common Mistakes · what trips students
✗ any misconduct 必報告。
✓ Only substantial misconduct.
僅重大不法。
✗ confidentiality 永遠 overrides。
✓ Some report duties may yield to confidentiality.
部分義務可讓位保密。
Mini IRAC · build the Application
Issue. Must lawyer L report another lawyer M, who L knows has been embezzling client funds (a violation directly bearing on M's trustworthiness)?
Rule. Under MR 8.3(a), a lawyer who knows another lawyer has committed a violation raising a substantial question about honesty, trustworthiness, or fitness shall inform the appropriate professional authority.
Application (model). L knows that M is embezzling client funds — directly bearing on trustworthiness. Because MR 8.3(a) mandates reporting when the violation raises a substantial question about another lawyer's trustworthiness, the fact that embezzlement is exactly the kind of conduct that raises a substantial question of trustworthiness — and is not protected by L's confidentiality — means L must report.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L must report M to disciplinary authorities.
MBE Check · multiple choice
Lawyer A learns of lawyer B's habit of being late to court and occasionally missing minor deadlines. Must A report?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: