When can I tell opposing counsel that I am considering reporting them to the Office of Disciplinary Counsel due to their bad conduct?

Obviously, the better practice is to step back, evaluate what opposing counsel is doing, and make sure that it warrants a complaint to the Office of Disciplinary Counsel. Bad manners, rudeness, avoidanceand other annoying behavior, which should not be occurring, does not always warrant a disciplinary complaint. On the other hand, if opposing counsel is not telling the truth, lying outright, filing a false pleading or things of that nature, then not only should there be a disciplinary complaint, but there is a mandatory requirement under Rule of Professional Conduct 8.3(a), which requires mandatory reporting of an attorney whose conduct presents issues of his truthfulness, honesty or fitness to practice. Reporting requirement of a mandatory nature arises if there is a substantial question raised as to the lawyer’s honesty, trustworthiness or fitness.

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