Lawyers Are Obligated To Report Attorney Misconduct

The Michigan Bar Journal has an article on reviewing the obligation to report potential misconduct. 

Although specific to Michigan, it is generally applicable to all states because state rules are generally in alignment as they are derived from the American Bar Association's model rules of professional conduct. 

I have discovered that many attorneys are unfamiliar with their obligations regarding reporting allegations of attorney misconduct. Lack of reporting is problematic for multiple reasons, including that failure to report may itself be professional misconduct. 

Failure to report when mandatory could result in a finding that the non-reporting lawyer engaged in misconduct. Most importantly, Michigan Rule of Professional Conduct (MRPC) 8.3(a) states: “A lawyer having knowledge that another lawyer has committed a significant violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the Attorney Grievance Commission.

One such violation is lying. 

Unfortunately it is extremely rare for a lawyer to report a fellow attorney for violations of the lawyers rules of professional conduct, even such serious ones as fraud like Nelly Wince committed. As one lawyer told me, they way it is supposed to work is not the way it works. This leads to massive injustice and, I may add, inefficiency and therefore huge costs for taxpayers.