Hello everyone and welcome to this Ethics Alert which will discuss the California Supreme Court’s adoption of a Bar Rule requiring lawyers to report other lawyers who engage in dishonesty, fraud, deceit , or reckless or intentional misrepresentation or misappropriation of property that raises a substantial question regarding the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects. The California Supreme Court’s June 21, 2023 Opinion adopting the rule is here: https://fingfx.thomsonreuters.com/gfx/legaldocs/znpnbwxbkpl/CA%20lawyer%20reporting%20rule.pdf and the rule will become effective on August 1, 2023.
The adoption of Bar Rule 8.3, referred to as the “snitch rule,” aligns California with the practices followed by every other state in the country. According to media reports, the California State Bar requested adoption of the rule and an increase lawyer discipline regulation due to mounting pressure due to the high-profile ethics scandals involving California attorney Thomas Girardi as well as the persistent backlog of attorney discipline cases, including those involving Girardi.
According to media reports, Girardi faced 205 attorney ethics complaints dating back to 1982, with more than half of them accusing him of misusing client funds, as revealed by a state bar investigation. Girardi was removed from practice in 2022; however, he did not respond to the Bar allegations and did not participate in the disciplinary proceedings. Criminal charges have apparently also been filed against him, alleging that he misappropriated of over $18 million in client funds.
Bottom line: Lawyers in California will now be required to report other lawyers who engage in dishonesty, fraud, deceit , or reckless or intentional misrepresentation or misappropriation of property that raises a substantial question regarding the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects. California now joins all other U.S. jurisdictions which implemented this rule (or a version of the rule) many years ago.
Be careful out there.
Disclaimer: this communication is not an advertisement, does not contain any legal advice, does not create an attorney/client relationship, and the comments herein should not be relied upon as legal advice by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
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