Bloomberg Law
March 16, 2023, 9:03 PM

California Bar Could Mandate Lawyer Misconduct Reporting

Joyce E. Cutler
Joyce E. Cutler
Staff Correspondent

A proposed first-ever California rule requiring attorneys to report other lawyers’ misconduct to the state bar is out for comment and could be acted upon by the California Supreme Court as early as this summer.

Two proposed alternatives, both based on the American Bar Association Model Rule 8.3, would mandate reporting lawyer misconduct. The proposals raised concerns during a California Bar Board of Trustees meeting Thursday, where members and the public said that either rule could be weaponized against attorneys by opposing counsel in civil litigation and by abortion opponents in other states.

“I worry that in private ...