What is RPC Rule 8.3?
Rule 8.3
It is the responsibility of every NJ attorney to ensure that they maintain the integrity of the profession. There is a specified set of legal ethics to which every attorney must adhere in order to preserve the profession’s integrity. One of the greatest questions raised by attorneys as well as those outside the legal profession is what is to be done when it becomes known to an attorney that another lawyer or judge has committed an act that is in violation of the code of legal ethics, or the Rules of Professional Conduct (RPC). It is imperative that a NJ attorney report any instances of professional misconduct to the ethics committee in NJ. Certain attorneys make their careers helping others navigate the RPC and related topics. If you need guidance and suggestions about topics like bar admission, legal ethics, attorney discipline and judicial conduct, a legal ethics attorney in NJ may be able to help.
RPC Rule 8.3
Rule 8.3 as stated in the Rules of Professional Conduct, requires that when an attorney knows that another lawyer has committed an act which violates the Rules of Professional Conduct it must be reported to the appropriate professional authority. Inappropriate acts that should be reported include those which raise a substantial question as to the attorney’s trustworthiness or honesty. When an act raises a question as to whether the attorney is fit to perform their duties as a lawyer the appropriate authorities should be notified of the misappropriate behaviors.
RPC rule 8.3 also applies in cases where a legal professional is aware of a judge who has committed an act which is in violation of the applicable rules of judicial conduct. When a NJ attorney is aware that the judge has conducted him or herself in a manner that raises the question as to their fitness for the office, then the appropriate authority should be informed.
Are there any exceptions to Rule 8.3?
Reporting professional misconduct as is applicable under RPC Rule 8.3 does not apply to situations or information which is already protected by Rule 1.6. It also is not applicable for information which is gained by lawyers or judges while they are participating in a lawyers assistance program that is approved. Rule 1.6 pertains to the confidentiality of information and states that a lawyer cannot disclose information that is related to a client’s representation unless the client gives their consent following consultation. However, there are some disclosures which are authorized in order for the client to be properly represented.
A lawyer represents the law and the entire legal system. They are required to reveal information even when it seems to be breaking confidence if they have reasonable belief that the information will prevent the other individual from committing an act that is criminal, fraudulent or illegal; or one that is likely to result in either the death or substantial physical harm to another individual or their property.
An attorney may also reveal information when they have a reasonable belief that it is necessary to rectify the consequences of an illegal or fraudulent act, especially when the services of a lawyer or legal representative have been used fraudulently. They may also reveal information in order to prevent the client from causing substantial bodily harm or death to himself or herself; and if they need to comply with another law.
What is “reasonable belief”?
As it pertains to RPC 1.6, “reasonable belief” is defined as the conclusion or belief of a lawyer that is based on information that is credible, or information which has no reason to be thought to be inaccurate. Information that is factual and constitutes prima facie evidence such that the reporting lawyer truly believes that there is a dangerous or volatile situation which could harm or kill another person is reasonable belief. Reasonable belief indicates that the NJ attorney has enough first hand evidence to believe that the information they have received is accurate and that the person, another person or property is likely to sustain injury or death. In these cases, an attorney must refer to what is legally ethical and report even confidential information if it means the safety of another.
RPC Rule 8.3
Rule 8.3 as stated in the Rules of Professional Conduct, requires that when an attorney knows that another lawyer has committed an act which violates the Rules of Professional Conduct it must be reported to the appropriate professional authority. Inappropriate acts that should be reported include those which raise a substantial question as to the attorney’s trustworthiness or honesty. When an act raises a question as to whether the attorney is fit to perform their duties as a lawyer the appropriate authorities should be notified of the misappropriate behaviors.
RPC rule 8.3 also applies in cases where a legal professional is aware of a judge who has committed an act which is in violation of the applicable rules of judicial conduct. When a NJ attorney is aware that the judge has conducted him or herself in a manner that raises the question as to their fitness for the office, then the appropriate authority should be informed.
Are there any exceptions to Rule 8.3?
Reporting professional misconduct as is applicable under RPC Rule 8.3 does not apply to situations or information which is already protected by Rule 1.6. It also is not applicable for information which is gained by lawyers or judges while they are participating in a lawyers assistance program that is approved. Rule 1.6 pertains to the confidentiality of information and states that a lawyer cannot disclose information that is related to a client’s representation unless the client gives their consent following consultation. However, there are some disclosures which are authorized in order for the client to be properly represented.
A lawyer represents the law and the entire legal system. They are required to reveal information even when it seems to be breaking confidence if they have reasonable belief that the information will prevent the other individual from committing an act that is criminal, fraudulent or illegal; or one that is likely to result in either the death or substantial physical harm to another individual or their property.
An attorney may also reveal information when they have a reasonable belief that it is necessary to rectify the consequences of an illegal or fraudulent act, especially when the services of a lawyer or legal representative have been used fraudulently. They may also reveal information in order to prevent the client from causing substantial bodily harm or death to himself or herself; and if they need to comply with another law.
What is “reasonable belief”?
As it pertains to RPC 1.6, “reasonable belief” is defined as the conclusion or belief of a lawyer that is based on information that is credible, or information which has no reason to be thought to be inaccurate. Information that is factual and constitutes prima facie evidence such that the reporting lawyer truly believes that there is a dangerous or volatile situation which could harm or kill another person is reasonable belief. Reasonable belief indicates that the NJ attorney has enough first hand evidence to believe that the information they have received is accurate and that the person, another person or property is likely to sustain injury or death. In these cases, an attorney must refer to what is legally ethical and report even confidential information if it means the safety of another.