Thank you for your question and thank you again for requesting me, Nick. Glad to assist you again if I can.This is very much the crux of the issue and one that many attorneys struggle with in obtaining the right answer. The rules of professional conduct require the attorneys to use their own judgment and the language also gives attorneys so wiggle room. "Shall be reported' is not the same as "must be reported", and similarly the attorney has to believe that the violation affects their competency or trustworthiness allows other attorneys to claim that they did not deem this violation to rise to such level. I realize that this is splitting hairs, but attorneys tend to make calls to their respective disciplinary boards fairly often to obtain clarity (I personally made such calls in the past about very similar issues and also to obtain guidance as to whether I should or should not report), and there is also this element of professional courtesy that disfavors attorneys reporting each other. I am not stating that it is right, but this is why many attorneys do not want to file complaints against judges (as they would likely see those judges again), or other attorneys since the profession is very interconnected. The best person here to report is the spouse who can most definitely seek her own damages, but with attorneys there is more flexibility in choosing to not pursue this by claiming that it was not quite as serious as expected.Good luck.
Thank You Very much for your answer...I agree with your viewpoint, and do realize , in essence....The Rules of Professional Conduct has been written, in such a manner as to allow that wiggle room....but that does not make it right, it just allows and attorney to take the easy way out, and not necessarily, do what may be difficult and unpleasant, demand the highest level of professional service and behavior from their peers, unfortunately its usually the clients that have to suffer the consequences of poor representation, and they are the ones who have entrusted to their attorney's , their confidence that the attorney will provide the best possible service and representation....Nick
Nick,I do agree with you, but at the same time it is very much as with any profession, be attorneys, doctors, police officers, accountants, and the like--there is some measure of professional courtesy afforded. The language is also not so clearcut as to demand reporting since a judgment is still left to the reporting attorney. At the same time the client does still have the ability to pursue via disciplinary reporting or a malpractice suit, or both.Good luck.
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