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Massachusetts Bar Association
Thursday, Jan. 26, 2023
Massachusetts Law Review
Vol. 103 No. 4
Summary: Under Rule 8.3, Comment 3, a lawyer
"has knowledge of a violation [requiring reporting to Bar Counsel]
when the lawyer possesses supporting evidence such that a
reasonable lawyer under the circumstances would form a firm opinion
that the conduct in question had more likely occurred than
Rule 8.3's requirement to report misconduct to Bar Counsel's
Office is triggered by a lawyer's discovery (in litigation
involving breakup of a law firm) of a document indicating that an
attorney, a former partner of the client and an opposing party in
the litigation, intentionally omitted mentioning a conviction for
fraud in his letter recommending an applicant for admission to the
bar. The discovered document may constitute client's "confidential
information," as newly defined in Comment 3A to Rule 1.6. If so,
the reporting requirement would be excused unless client consents
to a report. Lawyer also needs to advise his client, who is a
lawyer, about the latter's own reporting obligation under Rule
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