I represent a client and have just taken over the case. From my review, it appears that the original lawyer acted very unethically. I wish to report this to the Office of Disciplinary Counsel. The client objects. What are my obligations?
Normally, a lawyer has a mandatory obligation to report another lawyer when the lawyer becomes aware of violations of the Rules of Professional Conduct that “raise a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects,” as per Rule of Professional Conduct 8.3(a). That rule is very clear about making mandatory reporting necessary when there is information that suggests a lawyer is no longer fit, honest or competent to practice.
