Okla. Stat. tit. 5, Rule 8.3
Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Maintaining the Integrity of the Profession
Rule 8.3 Reporting Professional Misconduct
(d) The provisions of Rule 8.3(a) shall not apply to lawyers who obtain such knowledge while acting as Ethics Counsel or as a member, investigator, agent, employee, or as a designee of the Oklahoma Bar Association Lawyers Helping Lawyers Committee or the Oklahoma Bar Association Management Assistance Program, in the course of assisting another lawyer. Any such knowledge received by a lawyer acting in such capacity shall enjoy the same confidence as information protected by the attorney-client privilege under applicable law.
Comments
Self-regulation of the legal profession requires that members of the profession initiate a disciplinary investigation when they know of a violation of the Rules of Professional Conduct. Lawyers have a similar obligation with respect to judicial misconduct. An apparently isolated violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover. Reporting a violation is especially important where the victim is unlikely to discover the offense. A report about misconduct is not required where it would involve violation of Rule 1.6. However, a lawyer should encourage a client to consent to disclosure where prosecution would not substantially prejudice the client's interests. If a lawyer were obliged to report every violation of the Rules, the failure to report any violation would itself be a professional offense. Such a requirement existed in many jurisdictions but proved to be unenforceable. This Rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent. A measure of judgment is, therefore, required in complying with the provisions of this Rule. The term "substantial" refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware. A report should be made to the bar disciplinary agency unless some other agency, such as a peer review agency, is more appropriate in the circumstances. Similar considerations apply to the reporting of judicial misconduct. The duty to report professional misconduct does not apply to a lawyer retained to represent a lawyer whose professional conduct is in question. Such a situation is governed by the rules applicable to the client-lawyer relationship. Code Comparison DR 1-103(A) provides that "A lawyer possessing unprivileged knowledge of a violation of a [Disciplinary Rule] shall report such knowledge to . . . authority empowered to investigate or act upon such violation." Oklahoma Modification Subsection (d) was added to carry forward the substance of DR 1-103(C), added by Oklahoma Supreme Court Order on October 29, 1987 to provide an excepton to the rule for persons obtaining knowledge of rule violations while participating in the Lawyers Helping Lawyers Program. The exception was later enlarged by Oklahoma Supreme Court Order on May 21, 1998 to include persons obtaining knowledge while participating in the Management Assistance Program. The most recent amendment again enlarges the exception to include persons obtaining knowledge while acting as Ethics Counsel. Historical Data Adopted effective July 1, 1988. Amended by S.C.B.D. No. 3490 May 22, 1998. (superseded document available); Amended by order of the Supreme Court, 2003 OK 60, effective June 2, 2003. (superseded document available ).