Under Rule 8.3, does disclosure of information protected by Rule 1.6 become mandatory when reporting misconduct?

• A. No, information protected by Rule 1.6 need not be disclosed.
• B. Yes, all information must be disclosed.
• C. Only if the information is non-confidential.
• D. Only if the misconduct involved a client.

Answer: (A)

When a lawyer knows that another lawyer has engaged in professional misconduct, Rule 8.3 requires reporting to the appropriate professional authority, but this duty is limited by Rule 1.6’s confidentiality protections. Rule 1.6 bars disclosure of information relating to the representation of a client, including confidences and privileged communications, unless an exception applies. So disclosures under Rule 8.3 should be limited to information that is not protected by Rule 1.6. You can and should report the misconduct without revealing client confidences, providing only the nonconfidential details necessary to establish the violation. That’s why information protected by Rule 1.6 need not be disclosed.