Multistate Professional Responsibility Exam Practice Question
An attorney learns that another lawyer in the same firm altered documents in a client’s file to conceal a past deadline error. The attorney has credible evidence of this conduct and has no reason to believe it is a secret protected by confidentiality. Which response best reflects the attorney’s ethical obligations?
The attorney is permitted to remain silent as long as the other lawyer stops the misconduct.
The attorney has a duty to inform the appropriate authority even without the client’s approval.
The attorney can overlook the matter since the client is not facing harm.
The attorney is barred from reporting due to privilege concerns.
Under professional ethics rules, a lawyer must report misconduct by another lawyer if it implicates that lawyer’s honesty, trustworthiness, or general fitness to practice. The correct answer clarifies that the attorney has a responsibility to disclose credible information of serious wrongdoing unless it is protected by confidentiality. Other choices fail to address the duty to report wrongdoing or misapply confidentiality rules in a way that excuses the attorney from reporting serious violations.
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What are the professional ethics rules regarding reporting misconduct by other attorneys?
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What constitutes confidentiality in the context of attorney-client relationships?
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What are the consequences for attorneys who fail to report misconduct by their peers?