• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Riule 8.3 states that an Ohio attorney must report his own unethical conduct

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)?
Ohio


This provides the correct answer to the thread closed by this forum's moderator; to wit,
https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/ohio-attorney-required-canon-ethics-report-his-own-misconduct-t-598694.html

In the "Comparison to former Ohio Code of Professional Responsibility" of 8.3 the following is stated
[First,] Rule 8.3 requires a lawyer to report misconduct only when the lawyer possesses unprivileged knowledge that raises a question as to any lawyer’s honesty, trustworthiness, or fitness in other respects. Second, Rule 8.3 requires a lawyer to self-report.

Since the other thread is closed but has the specific heading, I'd ask that one of the more senior members here contact the MOD and have the correct answer suffixed to the replies of members there.
 


ecmst12

Senior Member
You should be able to re-open your own thread. Stop starting new ones. And really....what's your point, anyway? You are absolutely positively NOT going to be successful in your pursuits. You are wasting your time and are probably going to end up having to pay the other side's legal fees if you keep this up.
 

quincy

Senior Member
What is the name of your state (only U.S. law)?
Ohio


This provides the correct answer to the thread closed by this forum's moderator; to wit,
https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/ohio-attorney-required-canon-ethics-report-his-own-misconduct-t-598694.html

In the "Comparison to former Ohio Code of Professional Responsibility" of 8.3 the following is stated
[First,] Rule 8.3 requires a lawyer to report misconduct only when the lawyer possesses unprivileged knowledge that raises a question as to any lawyer’s honesty, trustworthiness, or fitness in other respects. Second, Rule 8.3 requires a lawyer to self-report.

Since the other thread is closed but has the specific heading, I'd ask that one of the more senior members here contact the MOD and have the correct answer suffixed to the replies of members there.
PeterPotamus, to contact the administrators of this site yourself, there is a "Contact Us" link at the bottom of the page. They will review your message and your posting history (if you have not come to their attention already, which I suspect you have since all of your other threads are locked ;)) and they should respond accordingly.

As a note on what you have posted here, however: The self-reporting requirement does not cover privileged information, confidential information or secrets.

I have not read your other threads so I have no idea why this would be of any interest to you.
 
Last edited:

latigo

Senior Member
What is the name of your state (only U.S. law)?
Ohio


This provides the correct answer to the thread closed by this forum's moderator; to wit,
https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/ohio-attorney-required-canon-ethics-report-his-own-misconduct-t-598694.html

In the "Comparison to former Ohio Code of Professional Responsibility" of 8.3 the following is stated
[First,] Rule 8.3 requires a lawyer to report misconduct only when the lawyer possesses unprivileged knowledge that raises a question as to any lawyer’s honesty, trustworthiness, or fitness in other respects. Second, Rule 8.3 requires a lawyer to self-report.

Since the other thread is closed but has the specific heading, I'd ask that one of the more senior members here contact the MOD and have the correct answer suffixed to the replies of members there.
Perhaps you should tell someone that cares.

That is, after you have thoroughly read Rule 8.3 and admit that the wording, "self-report", is "self-imposed".
 
PeterPotamus, to contact the administrators of this site yourself, there is a "Contact Us" link at the bottom of the page. They will review your message and your posting history (if you have not come to their attention already, which I suspect you have since all of your other threads are locked ;)) and they should respond accordingly.

As a note on what you have posted here, however: The self-reporting requirement does not cover privileged information, confidential information or secrets.

I have not read your other threads so I have no idea why this would be of any interest to you.
Quincy, I was polite the first couple of days while untrue allegations were repeatedly cast at me; I admit I could have reacted better on that third day..probably should have kept reacting the way I did the first two days

It was a "cut & paste" my thing of Rule 8.3
It says "self report".

I'll re-post the text:

185
Comparison to former Ohio Code of Professional Responsibility
Rule 8.3 is comparable to DR 1-103 but differs in two respects. First, Rule 8.3 does not contain the strict reporting requirement of DR 1-103. DR 1-103 requires a lawyer to report all misconduct of which the lawyer has unprivileged knowledge. Rule 8.3 requires a lawyer to report misconduct only when the lawyer possesses unprivileged knowledge that raises a question as to any lawyer’s honesty, trustworthiness, or fitness in other respects. Second, Rule 8.3 requires a lawyer to self-report.

Also, you answer questions that I never asked - i said nothing about privileged information

The attorney must report his own misconduct; if asked about anything by the tribunal (court), he cannot stand silent --- he must say that he would be invoking his right of self incrimination.

The refusal to answer in a "civil proceeding" with the lower standard of proof is enough for me COUPLED WITH the other misconduct.

Again, what was frustrating was the senior members here leveling accusations and then running to the MODS when they were subsequently embarrassed by me.

Now, the same practice is being re-employed without me having the benefit of a deleted thread to show the balance of the readership what I dished out to you before.

A not insignifcant subset of you all seemingly can "dish it out but can't [subsequently] take the same in return"

This is not my forum; I don't make the rules

I'd ask though that you allow the subset of posters with sufficient knowledge to be allowed to help.

You attorneys here were all wrong... all of you... on the locked Rule 8.3 thread... and a lay individual pointed the correct application to you and subsequently made samrt remarks

I too would not want anyone to see a series of smart remarks by attorneys only to have the asker politely respond and suffix those answers of other members with the correct answer.

I'm here..that means I still need help.

Please allow those so inclined to do so unencumbered by the disapprobation directed at me by some of you.

Thanks again.
 

LdiJ

Senior Member
Nobody here was embarrassed by you. Embarrassed for you perhaps, but not embarrassed by you.
 

quincy

Senior Member
Quincy, I was polite the first couple of days while untrue allegations were repeatedly cast at me; I admit I could have reacted better on that third day..probably should have kept reacting the way I did the first two days

It was a "cut & paste" my thing of Rule 8.3
It says "self report".

I'll re-post the text:

185
Comparison to former Ohio Code of Professional Responsibility
Rule 8.3 is comparable to DR 1-103 but differs in two respects. First, Rule 8.3 does not contain the strict reporting requirement of DR 1-103. DR 1-103 requires a lawyer to report all misconduct of which the lawyer has unprivileged knowledge. Rule 8.3 requires a lawyer to report misconduct only when the lawyer possesses unprivileged knowledge that raises a question as to any lawyer�s honesty, trustworthiness, or fitness in other respects. Second, Rule 8.3 requires a lawyer to self-report.

Also, you answer questions that I never asked - i said nothing about privileged information

The attorney must report his own misconduct; if asked about anything by the tribunal (court), he cannot stand silent --- he must say that he would be invoking his right of self incrimination.

The refusal to answer in a "civil proceeding" with the lower standard of proof is enough for me COUPLED WITH the other misconduct.

Again, what was frustrating was the senior members here leveling accusations and then running to the MODS when they were subsequently embarrassed by me.

Now, the same practice is being re-employed without me having the benefit of a deleted thread to show the balance of the readership what I dished out to you before.

A not insignifcant subset of you all seemingly can "dish it out but can't [subsequently] take the same in return"

This is not my forum; I don't make the rules

I'd ask though that you allow the subset of posters with sufficient knowledge to be allowed to help.

You attorneys here were all wrong... all of you... on the locked Rule 8.3 thread... and a lay individual pointed the correct application to you and subsequently made samrt remarks

I too would not want anyone to see a series of smart remarks by attorneys only to have the asker politely respond and suffix those answers of other members with the correct answer.

I'm here..that means I still need help.

Please allow those so inclined to do so unencumbered by the disapprobation directed at me by some of you.

Thanks again.
Yes, well, like I said, I did not read your other threads so I have no idea what you or others have and have not said or done to warrant the locking of the threads. Perhaps administrators thought that all that needed to be said was said. A forum cannot answer all questions. Sometimes you just need to seek out the help of an attorney in your area (or search out a legal clinic for low income help).

You made a statement above about self-reporting and you backed it up with Ohio's Rule 8.3 - and that is good. Many who come to this forum make or imply statements of fact and then have nothing to support those statements (and, in fact, their statements are often unsupportable by laws).

That said, your statement on its own can be misinterpreted to mean that an attorney in Ohio MUST report all misconduct (their own and that of others), and that is not quite the way it works. There is very little that an attorney actually needs to self-report to be in compliance with the Rule (think federal felonies, criminal convictions). There is much that is exempt from the reporting requirement (which is why I emphasized "privilege").

The fact is that self-reports of misconduct by attorneys is rare and it is rare for several reasons. One, serious misconduct by attorneys is rare. Two, self-reports work to potentially mitigate disciplinary actions taken against that attorney and, in the case of serious misconduct, there can often be little mitigation - self-reporting is not really going to do the attorney any good. Three, there are exemptions to Rule 8.3 under which most other misconduct will fall.

Instead of self-reporting their own misconduct (whatever the misconduct may be), many attorneys will contact their local Lawyer Assistance Program. This can often make what might otherwise appear to be something that needs reporting, exempt, as it will be protected by the confidentiality/secrets exemption.

Finally, you are right that this is not your forum. How the moderators deal with posters is entirely in their control and not in ours. If you cannot accept the decisions they make (to edit a post, to delete a post, to lock a thread, to delete a member), I suppose what makes the most sense is that you find free advice elsewhere or you hire an attorney in your jurisdiction to handle your legal concerns (which is probably the wisest move anyone can make anyway).


(as a note: There are only a few attorneys who are members of this site who post with some regularity. It can help to reread the Terms of Service at the bottom of this page. Those members who are long-time "senior" members and who are not attorneys, however, are long-time members for a reason. They have proven themselves over time by consistently providing legitimate and accurate legal information and advice. There seems to be little tolerance on this forum for those who make things up.)
 
Last edited:
Nobody here was embarrassed by you. Embarrassed for you perhaps, but not embarrassed by you.
So the MANIFESTATION of your assertion ..if true... would be then that YOU ALL KNEW the correct answer ...all of you ...but did not post it.


No answer? I didn't think so

Then I proved my point about you being embarrassed for yourselves
QED



A Taxi Driver embarrassing trained attorneys - and so easy that it's like "shooting fish in a barrel":eek:

The fact that I'm still here asking for help shows just how desperate I am
 
Last edited:
Yes, well, like I said, I did not read your other threads so I have no idea what you or others have and have not said or done to warrant the locking of the threads. Perhaps administrators thought that all that needed to be said was said. A forum cannot answer all questions. Sometimes you just need to seek out the help of an attorney in your area (or search out a legal clinic for low income help).

You made a statement above about self-reporting and you backed it up with Ohio's Rule 8.3 - and that is good. Many who come to this forum make ot imply statements of fact and have nothing to support those statements (and, in fact, their statements are often unsupportable by laws).

...balance of message truncated by OP
1) I was already aware of the misconduct
2) I wanted the applicable rule for me to cite.. I now have it
3) I did not act with a lack of integrity by substituting "self report" for "self imposed" as accused in this thread
4) Thank you for the civil reply
5) I now must wait for the MOD the Geekess to direct me to some unlocked thread where I can direct the balance of my postings.
 

OHRoadwarrior

Senior Member
For simplicity and reference. Here is a link to the closed thread everyone is referring to. Again let me remind fellow posters this is a real situation and this position is being undertaken by someone attempting to slay Goliath, when Goliath is legally in the right. Please be respectful of David. Thx Ya'll :)

https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/does-lawyer-client-privilege-attach-itself-when-both-parties-involved-commitin-598484.html#post3191198
 

quincy

Senior Member
1) I was already aware of the misconduct
2) I wanted the applicable rule for me to cite.. I now have it
3) I did not act with a lack of integrity by substituting "self report" for "self imposed" as accused in this thread
4) Thank you for the civil reply
5) I now must wait for the MOD the Geekess to direct me to some unlocked thread where I can direct the balance of my postings.
Use the "Contact Us" feature at the bottom of the page to request that one of your threads be unlocked (but I wouldn't count on that happening at this point). PLEASE do not start any more threads.

You have this one to add to and you have another one still open. Use those and ONLY those.

Thank you.
 
Last edited:
For simplicity and reference. Here is a link to the closed thread everyone is referring to. Again let me remind fellow posters this is a real situation and this position is being undertaken by someone attempting to slay Goliath, when Goliath is legally in the right. Please be respectful of David. Thx Ya'll :)

https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/does-lawyer-client-privilege-attach-itself-when-both-parties-involved-commitin-598484.html#post3191198
Thank you, OHRoadwarrior

You are a worthy opponent and sometimes helpful friend.:)

Goliath may be legally "in the right" but Goliath sure "did a lot of wrong things" for the purpose of accelerating our exit.

I'm not going to FOOL or MANIPULATE a court with a "clean hands doctrine" motion to dismiss UNLESS Goliath does have a set of dirty hands in this matter.

Goliath should have played it straight from the get-go.
Goliath didn't
Goliath still is not doing so

Goliath has discovered to his everlasting chagrin, that David isn't perfect in his aim with his slingshot BUT WITH THE APPROPRIATE HELP from the willing subset of you...

...just may land his SHOT at a point fatal to Goliath's legal position.

I only need to land a shot in the correct place once
Again, thanks for the assist with the balance of the readership
 
Use the "Contact Us" feature at the bottom of the page to request that one of your threads be unlocked (but I wouldn't count on that happening at this point). PLEASE do not start any more threads.

You have this one to add to and you have another one still open. Use those and ONLY those.

Thank you.
I hear and I shall obey
 

Silverplum

Senior Member
So the MANIFESTATION of your assertion ..if true... would be then that YOU ALL KNEW the correct answer ...all of you ...but did not post it.


No answer? I didn't think so

Then I proved my point about you being embarrassed for yourselves
QED



A Taxi Driver embarrassing trained attorneys - and so easy that it's like "shooting fish in a barrel":eek:

The fact that I'm still here asking for help shows just how desperate I am
Son, you may be desperate, but you're also an argumentative and arrogant so-and-so. :rolleyes:

Read again and learn: we have only a couple of attorneys here. Everyone else is a layperson. I don't know of any current students: none of the laypersons *want* to become lawyers. We just help people after we have banged our own heads on our own legal issues.
 

tranquility

Senior Member
For those who have not read the perils of David I shall try to summarize:

People are getting evicted from a campsite. The OP seems to be practicing law without a license or cognizable legal theory to help them. The OP opines the other side's attorneys have committed a crime. What crime? Um...., well the crime of "falsification". As example:
1) Vice President of Ohio Property Management firm and his attorney, along with a licensed Private Investigator commit criminal act of "falsification" attendant to completion of database fields contained within Ohio BMV Form 1173
Of course, what were the item(s) not believed to be true and accurate and to the best of the person's belief?
1) In "abandonment of property" they first had to classify us as "trespassers" when prior estoppeling in the Ohio Municpal Courts defined our contractual status with the landlord as "tenants without leases". Our occupancy status meant we had not abandoned our property.

Circumstances not explained seem to point to this as the avenue they chose UNLESS they paid for a second BMV record request for all of us.

2) They put in writing what the litigation was "trespassers subject to citation and immediate removal" AS OPPOSED TO the mutually-exclusive "tenants entitled to provide an eviction defense".
That is, they described their reason in a way the OP objects to. Of course, EITHER description would fit the justification under part C number 7 of the form.

Now the OP thinks the attorney is required to self-report his crime. The OP thinks the court will throw out the entire case with prejudice because of this attorney misconduct.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top