070114 KSEO, 14-01
Case Date | July 01, 2014 |
Court | Kansas |
(a) The subject lawyer has, or is perceived to have possible cognitive deterioration as evidenced by memory lapses;
(b) To date, these memory lapses have not resulted in losses to clients or in any actual violation of the KRPC.QUESTION: Does a lawyer have an ethical obligation to report another lawyer's perceived cognitive deterioration or memory lapses, in the absence of an actual violation of the KRPC? ANALYSIS: Rule 8.3(a), KRPC, provides as follows:
(a) A lawyer having knowledge of any action, inaction, or conduct which in his or her opinion constitutes misconduct of an attorney under these rules shall inform the appropriate professional authority,This Rule contrasts strikingly with the Model Rule adopted in...[1]
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