Rule 8.3 Required Reporting

Effective August 1, 2023, lawyers must comply with Rule of Professional Conduct 8.3, which requires a lawyer who knows of credible evidence that another lawyer has engaged in certain conduct to report the lawyer.

Where to report

The rule allows attorneys to report through two channels:

• The State Bar: Lawyers can use the attorney misconduct online complaint form to report under their rule 8.3 obligations. When completing the form, please use the applicable check boxes to indicate that you are an attorney and you are submitting under rule 8.3.
• A tribunal: Lawyers may also report to a tribunal, defined in rule 1.0.1(m), but only if the tribunal has jurisdiction to investigate or act upon such misconduct. Rule 8.3 Comment [6] provides more information for a lawyer to consider in determining whether to report to a tribunal.

Resources to assist lawyers

The State Bar is developing resources to assist lawyers with this new obligation. Here are current resources:  

• Learn about the new reporting obligations in this FAQ.
• Take an MCLE course on “Reporting Obligations: Navigating New Rule 8.3.” This program qualifies for one hour of self-study, ethics MCLE credit. Access by logging in to My State Bar Profile, go to the State Bar E-Learning Portal section, and find “Access my e-learning site.” Go to “Not Started” from the Dashboard, and you will be able to access the course.
• Review scenarios that may create reporting obligations.
• You may also request a toolkit on Rule 8.3 that includes resources (PowerPoint and lesson plan) to assist you in hosting your own program for your firm, bar association, or organization.

Related links

• Rule 8.3 Frequently Asked Questions
• Rule 8.3 Reporting Scenarios
• Other Reporting Requirements
• Rules of Professional Conduct
• State Bar Act