On February 1st, the Ohio Rules of Professional Conduct came into effect, replacing the prior Code of Professional Responsibility.
Patterned after the Model Rules of Professional Conduct, promulgated by the American Bar Association, the R. of Prof. Cond. approach certain aspects of ethical conduct in a different manner, bringing Ohio into line with the majority of the rest of the states.
One key difference is an attorney’s duty to report the misconduct of other attorneys. The Board of Commissioners on Grievances and Discipline has issued an advisory opinion (Opinion 2007-1) which thoroughly discusses this issue. It states that the duty “to report professional misconduct under Rule 8.3 arises when a lawyer has unprivileged knowledge of a violation of the Rules of Porfessional Condcuts that raises a question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer.”
Mere suspicion is not sufficient. Actual knowledge of such misconduct is required.
Reporting misconduct to a tribunal is not sufficient. It must be reported to the Office of the Disciplinary Counsel or a certified grievance committee.
To read the opinion in full, click here
