The recently released Opinion 1120 from the New York State Committee on Professional Ethics discusses the duty of a lawyer in a government agency to report another lawyer's violation of the rules of professional conduct. Here is the digest: If a lawyer for a government agency knows of a violation of the Rules by another agency lawyer, and the wrongdoer’s conduct raises a substantial question as to the wrongdoer’s honesty, trustworthiness or fitness to practice law, the government lawyer must report the information to a tribunal or other authority authorized to investigate and act on the conduct, unless the information constitutes confidential client information, and the agency does not consent to its disclosure. If a report to a tribunal or other authority is required, the lawyer must determine if the government agency’s ethics office is a “tribunal” or “other authority empowered to investigate or act upon such violation.” If the ethics office is not a tribunal or such other authority, the government lawyer may report initially to the ethics office of the government agency, but the lawyer may not defer to a decision by the ethics office not to report unless the reporting obligation involves an “arguable question of professional duty” and the decision of the ethics office not to report is a reasonable resolution. The full opinion is at http://www.nysba.org/CustomTemplates/Content.aspx?id=72292&utm_source=RealMagnet&utm_medium=email&utm_term=031580&utm_content=Sidebar%5F170516&utm_campaign=NYSBA%20Sidebar%20%2D%20Don%27t%20click%20on%20suspect%20links. NYSBA | Ethics Opinion 1120 <http://www.nysba.org/CustomTemplates/Content.aspx?id=72292&utm_source=RealMagnet&utm_medium=email&utm_term=031580&utm_content=Sidebar%5F170516&utm_campaign=NYSBA%20Sidebar%20%2D%20Don%27t%20click%20on%20suspect%20links> www.nysba.org If a lawyer for a government agency knows of a violation of the Rules by another agency lawyer, and the wrongdoer’s conduct raises a substantial question as to the wrongdoer’s honesty, trustworthiness or fitness to practice law, the government lawyer must report the information to a tribunal or other authority authorized to investigate and act on the conduct, unless the information constitutes confidential client information, and the agency does not consent to its disclosure. If a report to a tribunal or other authority is required, the lawyer must determine if the government agency’s ethics office is a “tribunal” or “other authority empowered to investigate or act upon such violation.” If the ethics office is not a tribunal or such other authority, the government lawyer may report initially to the ethics office of the government agency, but the lawyer may not defer to a decision by the ethics office not to report unless the reporting obligation involves an “arguable question of professional Phillip M. Sparkes www.linkedin.com/in/psparkes (859) 912-2856