2023-05 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2023-05

Adoption Date: July 27, 2023

Rules: 4–8.3; 5.20; 5.21

Maintaining the Integrity of the Profession, Complaints and Proceedings Thereon

Reporting Misconduct

Subject: Misconduct - Criminal Act by Lawyer; Reporting Professional Misconduct - Self-Reporting

Summary: lawyer is required to self-report a finding or plea of certain criminal conduct or discipline in another jurisdiction within 10 days, but not to self-report misconduct generally

Question 1: Lawyer is found guilty of felony driving while intoxicated (DWI) and asks if there is an obligation to self-report this to the Chief Disciplinary Counsel.

Answer 1: While Lawyer is not required by Rule 4 dash–8.3 to self-report an alleged or actual violation of the Rules of Professional Conduct to the Office of Chief Disciplinary Counsel, a criminal conviction or discipline in another jurisdiction is different. See Informal Opinion 2011 dash–04. In this matter, Lawyer is required to report the felony conviction for driving while intoxicated to the Chief Disciplinary Counsel within 10 days. Rule 5.21(a) requires a lawyer licensed in Missouri to report to the Chief Disciplinary Counsel within 10 days a guilty or nolo contendere plea, or a finding of guilt of a crime in this state, any other state, or the United States, whether a sentence is imposed or not. A crime for the purposes of Rule 5.21 is defined by Rule 5.21(c) to include:

(1) Any felony of this state, any other state, or the United States;

(2) Any misdemeanor of this state, any other state, or the United States involving interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or moral turpitude; or

(3) Any misdemeanor involving attempt, conspiracy, or solicitation of another to commit any misdemeanor of this state, any other state, or the United States as described in this Rule 5.21(c)(2).

Whether a misdemeanor plea or finding of guilt for driving while intoxicated is subject to required reporting pursuant to Rule 5.21(c)(2) or (3) is a question of law and should be considered by each lawyer on a case-by-case basis.

Additionally, Lawyer may wish to consider if the resources of the Missouri Lawyers’ Assistance Program of The Missouri Bar, or those available pursuant to Rule 16 on substance abuse intervention, may be helpful to Lawyer’s overall well-being.

Question 2: Lawyer is also licensed to practice law in another U.S. jurisdiction, State A, and is disciplined by State A. Does Lawyer have an obligation to report the discipline by State A to the Chief Disciplinary Counsel?

Answer 2: While Lawyer is not required by Rule 4 dash–8.3 to self-report an alleged or actual violation of the Rules of Professional Conduct to the Office of Chief Disciplinary Counsel, discipline of Lawyer by another jurisdiction is different. See Informal Opinion 2011 dash–04. Rule 5.20(a) requires a lawyer licensed in Missouri to report being disciplined by another jurisdiction to the Chief Disciplinary Counsel within 10 days. In this matter, Lawyer is required to report the discipline by State A to the Chief Disciplinary Counsel within 10 days.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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