Rule 8.3 - REPORTING PROFESSIONAL MISCONDUCT(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the Oregon State Bar Client Assistance Office.(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.(c) This rule does not require disclosure of information otherwise protected by Rule 1.6 or ORS 9.460(3), or apply to lawyers who obtain such knowledge or evidence while:(1) acting as a member, investigator, agent, employee or as a designee of the State Lawyers Assistance Committee;(2) acting as a board member, employee, investigator, agent or lawyer for or on behalf of the Professional Liability Fund or as a Board of Governors liaison to the Professional Liability Fund; or(3) participating in the loss prevention programs of the Professional Liability Fund, including the Oregon Attorney Assistance Program.(d) This rule does not require disclosure of mediation communications otherwise protected by ORS 36.220.Or. State. Bar. R. Regul. and Polic. 8.3
Adopted 1/1/2005 Amended 1/11/2018 to add subsection "d" relating to mediation communications.Defined Terms (see Rule 1.0):
"Knows"
"Substantial"
Comparison to Oregon Code
This rule replaces DR 1-103(A) and (E). Paragraph (a) is essentially the same as DR 1-103(A), although the exception for confidential client information is found in paragraph (c). Also, the rule now requires that misconduct be reported to the OSB Client Assistance Office, to conform to changes in the Bar Rules of Procedure that were effective August 1, 2003.
Paragraph (b) has no counterpart in the Oregon Code, although the obligation might be inferred from DR 1-103(A).
Paragraph (c) incorporates the exception for information protected by rule and statute. It also incorporates the exception contained in DR 1-103(E).