WIS.Ethics opinion
Wisconsin bar says lawyers must report misconduct raising substantial fitness question
The State Bar of Wisconsin's Committee on Professional Ethics said on 3 September 2026 that lawyers must report another lawyer's or judge's misconduct when they know of a violation that raises a substantial question about honesty, trustworthiness or fitness. The committee said the duty is conditional, requires client consent if confidential information is disclosed, and must be made to the Office of Lawyer Regulation or Judicial Commission.
Opinion (State Bar of Wisconsin) → · vLex
Key points
- Opinion interprets SCR 20:8.3(a) and (b), requiring a two-step knowledge and substantial-question analysis.State Bar of Wisconsin
- Duty triggered only when lawyer knows violation occurred and it raises substantial fitness question.State Bar of Wisconsin
- Report must go to Office of Lawyer Regulation for lawyers or Judicial Commission for judges, timely.State Bar of Wisconsin
- Duty is subordinate to confidentiality; requires informed client consent if disclosure reveals representation information.State Bar of Wisconsin
- Applies to conduct unrelated to practice, suspended or inactive lawyers, and lawyers in same firm.State Bar of Wisconsin
- Opinion clarifies no duty to report own misconduct and reporting despite belief others already reported.State Bar of Wisconsin