Texas Disciplinary Rule of Professional Conduct 8.03 sets out an attorney’s obligations to report professional misconduct. Sections (a)-(c) apply to a lawyer’s duty to report the misconduct of other lawyers or judges. Sections (e) and (f) apply to the lawyer’s duty to report their own misconduct.

There are generally two different misunderstandings we see that lawyers have about these reporting obligations. The first relates to the duty set out in 8.03(a) and centers on the lawyer’s belief that the lawyer is required to report any alleged misconduct by another lawyer. This most often comes up when the lawyer is on the other side of a legal matter that has become overly contentious. Lawyers in these situations tend to lean toward “over-reporting.”

However, Rule 8.03(a) requires that a lawyer report another lawyer’s violation of the Texas Disciplinary Rules only if the violation raises a substantial question as to the violator’s honesty,…