Under which circumstances must an attorney report client misconduct, according to the Rules?

The correct answer involves the obligation to report instances of serious misconduct that is not protected by attorney-client privilege. Under the Model Rules of Professional Conduct, lawyers have a duty to uphold the law and promote justice. This includes reporting certain types of client misconduct, particularly when such misconduct has the potential to cause significant harm to others or to the integrity of the legal profession itself.

Specifically, Rule 8.3(a) mandates that a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer must inform the appropriate professional authority. This obligation is predicated on the severity of the misconduct.

Client disclosures that could be privileged may not have to be reported if they fall under the attorney-client privilege, unless the misconduct involves a future crime or fraud. Thus, attorneys are only required to report serious misconduct that is not cloaked in privilege, as it aligns with the ethical obligation to maintain the integrity of the legal profession while respecting the confidential nature of the attorney-client relationship in less critical situations.

This understanding differentiates serious misconduct from less severe actions, highlighting that the reporting obligation is not absolute but based on the nature of the misconduct involved