Tex. R. Disc. Prof'l. Cond. 8.03

As amended through August 27, 2024
Rule 8.03 - Reporting Professional Misconduct
(a) Except as permitted in paragraphs (c) or (d), a lawyer having knowledge that another lawyer has committed a violation of applicable rules of professional conduct that raises a substantial question as to that lawyers honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate disciplinary authority.
(b) Except as permitted in paragraphs (c) or (d), a lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judges fitness for office shall inform the appropriate authority.
(c) A lawyer having knowledge or suspecting that another lawyer or judge whose conduct the lawyer is required to report pursuant to paragraphs (a) or (b) of this Rule is impaired by chemical dependency on alcohol or drugs or by mental illness may report that person to an approved peer assistance program rather than to an appropriate disciplinary authority. If a lawyer elects that option, the lawyers report to the approved peer assistance program shall disclose any disciplinary violations that the reporting lawyer would otherwise have to disclose to the authorities referred to in paragraphs (a) and (b).
(d) This rule does not require disclosure of knowledge or information otherwise protected as confidential information:
(1) by Rule 1.05 or
(2) by any statutory or regulatory provisions applicable to the counseling activities of the approved peer assistance program.
(e) A lawyer who has been convicted or placed on probation, with or without an adjudication of guilt, by any court for barratry, any felony, or for a misdemeanor involving theft, embezzlement, or fraudulent or reckless misappropriation of money or other property- including a conviction or sentence of probation for attempt, conspiracy, or solicitation- must notify the chief disciplinary counsel within 30 days of the date of the order or judgment. The notice must include a copy of the order or judgment.
(f) A lawyer who has been disciplined by the attorney-regulatory agency of another jurisdiction, or by a federal court or federal agency, must notify the chief disciplinary counsel within 30 days of the date of the order or judgment. The notice must include a copy of the order or judgment. For purposes of this paragraph, "discipline" by a federal court or federal agency means a public reprimand, suspension, or disbarment; the term does not include a letter of "warning" or "admonishment" or a similar advisory by a federal court or federal agency.

Tex. Disc. R. Prof. Cond. 8.03

Amended March 1, 2018, effective 6/1/2018; amended May 25, 2021, effective 7/1/2021.

Comment:

1. Self-regulation of the legal profession requires that members of the profession take effective measures to protect the public when they have knowledge not protected as a confidence that a violation of these rules has occurred. Lawyers have a similar obligation with respect to judicial misconduct.

2. There are two ways that a lawyer may discharge this obligation. The first is to initiate a disciplinary investigation. See paragraphs (a) and (b). The second, applicable only where the reporting lawyer knows or suspects that the other lawyer or judge is impaired by chemical dependency on alcohol or drugs or by mental illness, is to initiate an inquiry by an approved peer assistance program. (See V.T.C.A., Health & Safety Code, ch. 467.) Under this Rule, a lawyer having reason to believe that another lawyer or judge qualifies for the approved peer assistance program reporting alternative may report that person to such a program, to an appropriate disciplinary authority, or to both. Frequently, the existence of a violation cannot be established with certainty until a disciplinary investigation or peer assistance program inquiry has been undertaken. Similarly, an apparently isolated violation may indicate a pattern of misconduct that only such an investigation or inquiry can uncover. Consequently, a lawyer should not fail to report an apparent disciplinary violation merely because he or she cannot determine its existence or scope with absolute certainty. Reporting a violation is especially important where the victim is unlikely to discover the offense absent such a report.

3. It should be noted that this Rule describes only those disciplinary violations that must be revealed by the disclosing lawyer in order for that lawyer to avoid violating these rules. It is not intended to, nor does it, limit those actual or suspected violations that a lawyer may report to an appropriate disciplinary authority. Similarly, a lawyer knowing or suspecting that another lawyer or judge is impaired by chemical dependency on alcohol or drugs or by mental illness may inform an approved peer assistance program of that concern even if unaware of any disciplinary violation committed by the supposedly impaired person.

4. If a lawyer were obliged to report every violation of these rules, the failure to report any violation would itself be a professional offense. Such a requirement existed in many jurisdictions but proved to be unenforceable. This Rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent. Similar considerations apply to the reporting of judicial misconduct. A measure of judgment is, therefore, required in complying with the provisions of this Rule. The term substantial refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware. The term fitness has the meanings ascribed to it in the Terminology provisions of these Rules.

5. A report to a disciplinary authority of professional misconduct by a lawyer should be made and processed in accordance with the Texas Rules of Disciplinary Procedure. Comparable reports to approved peer assistance programs should follow the procedures those programs have established. A lawyer need not report misconduct where the report would involve a violation of Rule 1.05 or involve disclosure of information protected as confidential by the statutes or regulations governing any approved peer assistance program. However, a lawyer should consider encouraging a client to consent to disclosure where prosecution of the violation would not substantially prejudice the client's interests. Likewise, the duty to report professional misconduct does not apply to a lawyer retained to represent a lawyer whose past professional conduct is in question. Such a situation is governed by the rules applicable to the client-lawyer relationship.

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