Business Law
Business Law News ISSUE 3, 2023
Content
- Business Law News Editorial Team
- Business Tax Law Changes In the Inflation Reduction Act of 2022
- Ditching Paper Stock Certificates: How To Issue Uncertificated Shares
- Executive Committee of the Business Law Section 2023-2024
- Introducing Ucc Article 12 and the Controllable Electronic Record
- It's Berry Hard To Believe, But Growers and Marketers May Not Be Jointly Liable For Laborers' Wages, Even In California
- Letter From the Chair
- Letter From the Editor
- Table of Contents
- B-LAW B-LAW B-LAW: THE "SNITCH RULE"
B-LAW B-LAW B-LAW: THE "SNITCH RULE"
Written by Neil J Wertlieb*
The California Supreme Court recently ordered the approval of new rule 8.3 (Reporting Professional Misconduct), sometimes referred to (perhaps derogatorily) as the "snitch rule." This new Rule of Professional Conduct became effective on August 1, 2023.
THE REPORTING OBLIGATION
New rule 8.3 obligates all California-licensed attorneys to inform the State Bar of California (or alternatively a tribunal with jurisdiction to investigate or act upon such misconduct01) when they know of credible evidence that another lawyer has engaged in any of the following misconduct "that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects"; (a) committed a criminal act02; (b) engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation; or (c) misappropriated funds or property.03