Ethics/Professional Responsibility
Feb. 21, 2024
Applying a ‘measure of judgment’ in Rules of Professional Conduct
Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice, and a reportable violation. The rule also requires the lawyer to consider whether to seek the client’s consent to disclosure, and whether to report to the State Bar or a tribunal.
Mark L. Tuft
Partner
Womble Bond Dickinson US LLP
Legal malpractice (certified), media law, civil and criminal litigation in federal and state courts
1333 North California Boulevard Suite 450
Walnut Creek , CA 94596
Phone: (415) 765-6215
Email: mark.tuft@wbd-us.com
UC Hastings
As lawyers face increasing regulation, it is worth reflecting on where a lawyer’s professional judgment comes into play in complying with the ethics rules. A recent example is new Rule 8.3 which calls for “a measure of judgment” in satisfying the mandate to report another lawyer’s misconduct. Rule 8.3, Comment [4]. The phrase “a measure of judgment” is not precise wording typically used in a disciplinary rule of professional conduct. In this case, the phrase is borro...
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