Rule 8.3—Mandatory Reporting for California Lawyers (“Snitch Rule”)

On August 1, 2023, Rule 8.3 of the California Rules of Professional Conduct became effective —a landmark moment that brought our state into alignment with the overwhelming majority of U.S. jurisdictions. For years, California stood alone in not requiring lawyers to report serious misconduct by other lawyers. Now that’s changed. As someone who regularly advises lawyers and firms on ethics and discipline, I can tell you this: if you’re not talking about Rule 8.3 internally, you’re already behind.

So what does the rule say?

In essence, Rule 8.3 requires a lawyer who knows that another lawyer has committed a criminal act, or conduct involving dishonesty, fraud, deceit, or a breach of fiduciary duty, to report with undue delay that conduct to the State Bar if it raises a substantial question about the lawyer’s honesty, trustworthiness, or fitness as a lawyer.

The phrase “substantial question” is key. This isn’t about tattling on someone for missing a deadline or being rude in court. This is about serious misconduct—misappropriation of client funds, forging documents, committing fraud on the court, or engaging in crimes of moral turpitude. And the trigger is “knowledge,” not mere suspicion. If you know of the misconduct, and it meets the threshold, you must report it.

Let’s take a real-world example. A counsel who, unbeknownst to the client, settles the case and pockets a large portion of the funds without disclosing it. If you have knowledge of this after the fact—through a reliable source or documented means—you can’t just ignore it. You have a duty to report.

But what if the misconduct you have knowledge about is part of your representation of a client?

Here’s where it gets complex. Rule 8.3 contains an exception: if the information is protected by the duty of confidentiality under Rule 1.6, then you are not required to report it. Confidentiality remains paramount, and the rule respects that.

That’s why I tell my clients: the best way to navigate Rule 8.3 is not to panic—but also not to stay silent. Call me to discuss. Evaluate whether the duty to report has been triggered. And consider the consequences of both action and inaction.

Another overlooked aspect is institutional response. In larger firms or organizations, who has the duty to report? Is it the individual lawyer? The managing partner? The in-house counsel? The rule says “a lawyer,” meaning the obligation is personal. Even if you assume the issue is “being handled,” that may not fulfill your ethical duty.

Finally, let’s talk about culture. California’s long history of “no reporting rule” created a norm of silence, where lawyers looked the other way—either out of professional courtesy or fear of retaliation. That norm is over. Rule 8.3 is meant to protect clients, safeguard the public, and preserve the integrity of the profession.

The State Bar is watching closely. And so are clients.

If your firm hasn’t already developed a written protocol for what to do when serious misconduct is observed, it’s time. I already help firms create internal ethics procedures that cover exactly these scenarios—discreetly, practically, and in compliance with the new rule.

We all have serious ethical obligations to the legal profession. Rule 8.3 is a reminder that doing the right thing isn’t just moral—it’s mandatory.