Required to Report Misconduct

Louisville Bar Briefs, November 2007

3 Pages Posted: 12 Nov 2007

See all articles by Grace M. Giesel

Grace M. Giesel

University of Louisville - Louis D. Brandeis School of Law

Abstract

Should Kentucky lawyers be required to report the misdeeds of other lawyers? Lawyers in forty-six states and the District of Columbia must report. Most of these jurisdictions have required lawyers to report the misdeeds of other lawyers since at least the 1970s. Until 1990 the ethics rules in effect in Kentucky required Kentucky lawyers to report the misdeeds of other lawyers. In contrast, the Kentucky Bar Association (KBA) Board of Governors has recommended to the Kentucky Supreme Court that it adopt an aspirational rule, not a rule requiring lawyers to report. This article examines the arguments in favor and against a mandatory reporting requirement for lawyers.

Keywords: professional Responsibility, Rule 8.3, duty to report

JEL Classification: K40

Suggested Citation

Giesel, Grace M., Required to Report Misconduct. Louisville Bar Briefs, November 2007, Available at SSRN: https://ssrn.com/abstract=1028513

Grace M. Giesel (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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