Alameda County
Bar Association

Reporting Fellow Attorneys: Rule 8.3 Explained 

New California State Bar Rule Requires Lawyers to Report Misconduct: Rule 8.3 Explained

New Ethics Rule 8.3As legal professionals, lawyers play a critical role in upholding the integrity of the legal system and maintaining ethical standards within the profession. To further enhance accountability and ensure ethical behavior, a new rule has been introduced by the California State Bar: Rule of Professional Conduct 8.3. Effective August 1, 2023, this rule mandates lawyers to report credible evidence of certain conduct exhibited by other lawyers. Let’s dive into the details of this important development and understand how it impacts the legal community.

Understanding Rule 8.3

Rule 8.3 of the California Rules of Professional Conduct is a significant step towards promoting transparency and accountability within the legal profession. This rule states that lawyers must report instances of credible evidence suggesting that another lawyer has engaged in certain misconduct. By doing so, the rule aims to maintain the standards of professional behavior, protect clients and the public, and ensure the overall credibility of the legal system.

Where and How to Report

Lawyers have two primary channels through which they can fulfill their reporting obligations:

  1. The State Bar: Attorneys can report misconduct using the attorney misconduct online complaint form, indicating their compliance with Rule 8.3 obligations. When completing the form, lawyers should use the appropriate checkboxes to confirm their attorney status and specify that the report is being made under Rule 8.3.
  2. A Tribunal: Lawyers can also choose to report to a tribunal, as defined in rule 1.0.1(m), provided the tribunal has the jurisdiction to investigate or address the reported misconduct. Comment [6] offers additional guidance for lawyers to consider while deciding whether to report to a tribunal.

Resources for Assistance

Recognizing the importance of assisting lawyers in fulfilling this new obligation, the State Bar of California is developing resources to guide legal professionals through the reporting process. The available resources include:

  • FAQs: A comprehensive set of frequently asked questions provides insight into the intricacies of the new reporting obligations.
  • Reporting Scenarios: Lawyers can review various scenarios that might trigger reporting obligations, helping them navigate real-world situations.
  • Ethics Hotline: The Ethics Hotline is available to offer research assistance concerning a lawyer’s professional responsibility obligations. However, please note that the hotline cannot provide legal advice.

Training Opportunities

To help lawyers understand and fulfill their new obligations, the State Bar is conducting free, one-hour virtual webinars.

Upcoming webinars are scheduled for:

Related links

For other ethics webinars, please check out our calendar of events.

UPDATE – Watch this short video created by the State Bar explaining the rule