Lawyers Required to 'Report' Colleagues for Law Violations: New Rules in the USA
US government lawyers have an ethical duty to report violations of the law committed by other public officials if such actions may cause "significant harm" to government agencies. This is stated in a new ethical opinion by the American Bar Association (ABA).
"Trust in the government depends on whether it itself abides by the law," noted the ABA Standing Committee on Ethics and Professional Responsibility.
The new opinion was published amid increased attention to the activities of government lawyers and numerous legal disputes.
The ABA noted that for the first time it clarified how the relevant professional ethics rule applies specifically to government lawyers.
According to the recommendations, a lawyer must first report violations within the agency if a public official has broken the law or misused their official position unlawfully, causing harm to their institution.
If such reporting "does not lead to an appropriate response," the lawyer may turn to the "appropriate authority" outside the agency without violating confidentiality requirements.
Against this background, in March, the US Department of Justice proposed a new rule that would allow the Attorney General to review complaints regarding professional misconduct of current and former agency lawyers and request state disciplinary bodies to suspend their own investigations.
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