Legal Malpractice Litigation and the Duty to Report Misconduct

Dublin Core

Title

Legal Malpractice Litigation and the Duty to Report Misconduct

Description

Lawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has received little attention from courts and scholars, despite the fact that most states have mandatory reporting rules. The dilemma for lawyers serving as testifying experts is particularly troublesome because nonreporting may result not only in discipline, but testimonial impeachment. The better view is that an expert in a pending case ordinarily has no mandatory obligation to report misconduct. This conclusion is supported by an analysis of the narrowness of the reporting obligation, the exceptions to the rule, public policy considerations related to malpractice litigation and grievance procedures, and customary professional practices. However, after litigation ends, an expert (and other lawyers) may have a duty to call evidence of serious misconduct to the attention of disciplinary authorities.

Creator

Vincent R. Johnson

Publisher

St. Mary's Journal on Legal Malpractice and Ethics, St. Mary's University School of Law

Date

2011

Contributor

St. Mary's University School of Law

Rights

Copyright to author Vincent R. Johnson

Relation

St. Mary's Journal on Legal Malpractice and Ethics

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0040_Johnson_Step12.pdf

Files

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0040_Johnson_Step12.pdf

Citation

Vincent R. Johnson, “Legal Malpractice Litigation and the Duty to Report Misconduct,” St. Mary's Law Digital Repository, accessed October 21, 2017, http://lawspace.stmarytx.edu/item/STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0040_Johnson_Step12.pdf.

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