Reporting Professional Misconduct Under Rule 8.3: Ethics of Impaired Lawyers and Lawyers Needing Assistance
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss dealing with impaired or compromised lawyers in the context of reviewing a lawyer's and a law firm's obligations to report another lawyer to the appropriate disciplinary authority under ABA Model Rule 8.3. The panel will discuss when specific reporting is triggered, the consequences of acting or failing to act, and best practices for taking effective action whether the lawyer is working in person or remotely. The panel will explore the most common reasons ethical violations occur and what firms and lawyers can do about it.
Outline
- Model Rule 8.3: Reporting Professional Misconduct
- Supervising lawyers
- Non-supervising lawyers
- Colleagues
- Current cases of interest
- Misconduct risks
- Model Rule 1.16(a): Declining or Terminating Representation
- Model Rule 1.1: Competence
- Model Rule 1.3: Diligent Representation
- Model Rules 5.1 and 5.2 and the Responsibilities of Partners and Subordinate Lawyers
- Model Rule 1.4 and Communications with Clients
- Model Rule 5.3 and Responsibilities Regarding Nonlawyer Assistants
- Model Rule 1.6 and the Duty of Confidentiality
- Model Rules 1.15 and 1.16 and Safeguarding Property
- Model Rule 8.4: Misconduct
- Model Rules 4.1, 4.4, and 8.2: Truthfulness and Civility
- Relevant ethics opinions
- ABA F.E.O. 03-429 (June 11, 2003): Duties of lawyers in the same law firm as a lawyer suffering an impairment
- ABA F.E.O. 03-431 (Aug. 7, 2003): Duties of lawyers not in the same law firm as a lawyer suffering an impairment
- Strategies and best practices
- For the impaired attorney
- For the concerned colleague
- For the law firm
Benefits
The panel will review these and other key issues:
- When does a lawyer "know" a violation has occurred?
- Does an attorney have a duty to report conduct unrelated to the practice of law or to judicial duties?
- What information is reported and to whom?
- Does a lawyer have a duty to self-report his or her own misconduct or that of an associate?
- Does an attorney have a duty to report a suspended or disbarred lawyer?
- What are some of the signs of a substance use disorder?
Faculty
Christine P. Anderson
Director of Probation and Lawyer Deferral Services
Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois
Ms. Anderson is a graduate of IIT Chicago-Kent College of Law. In 1988, she joined the Illinois Attorney Registration... | Read More
Ms. Anderson is a graduate of IIT Chicago-Kent College of Law. In 1988, she joined the Illinois Attorney Registration and Disciplinary Commission as counsel and currently holds the position of Director of Probation and Lawyer Deferral Services, Intake Manager and Senior Litigation Counsel. During her employment with the ARDC, Ms. Anderson has investigated and prosecuted hundreds of cases of attorney misconduct and has argued several disciplinary cases before the Supreme Court of Illinois. She currently monitors the attorneys placed on diversion, supervision status by the Inquiry Board and probation and conditional admission by the Supreme Court of Illinois. Ms. Anderson is also a frequent presenter at continuing legal education programs on topics related to professional responsibility and lawyer regulation. She is also a current Commission member to the ABA Commission on Lawyer Assistance Programs.
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Tracy L. Kepler
Risk Control Consulting Director, Global Specialty, Lawyers Professional Liability
CNA Insurance
Ms. Kepler designs and develops content and distribution of risk control initiatives relevant to the practice of law.... | Read More
Ms. Kepler designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Ms. Kepler lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues. Prior to joining CNA, Ms. Kepler served as the Director of the ABA’s Center for Professional Responsibility, providing national leadership in developing and interpreting standards and scholarly resources in legal and judicial ethics, professional regulation, professionalism, client protection, professional liability and attorney well-being. Ms. Kepler is a former Associate Solicitor in the Office of General Counsel for the USPTO, where she concentrated her practice in the investigation, prosecution and appeal of patent/trademark practitioner disciplinary matters before the Agency, U.S. District Courts and Federal Circuit, provided policy advice on ethics and discipline related matters to senior management, and drafted and revised Agency regulations. Ms. Kepler has served in various volunteer capacities, including as President, on the Board of the National Organization of Bar Counsel, a nonprofit organization of legal professionals whose members enforce ethics rules that regulate the professional conduct of lawyers who practice law in the U.S. and abroad. She is Adjunct Professor at Georgetown University Law School, Loyola University Chicago School of Law, and American University Washington College of Law.
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