Also known as: duty to inform · duty to report · reporting obligation · disclosure duty
Written by attorneys — see sources below.
2 senses
An obligation imposed by law or regulation that requires an official or employee to record and report observed facts. This obligation supplies the foundation for admitting public records into evidence under the hearsay exception for matters observed pursuant to a legal duty.
An obligation imposed by law or regulation that requires an official or employee to record and report observed facts. This obligation supplies the foundation for admitting public records into evidence under the hearsay exception for matters observed pursuant to a legal duty.
An ethical obligation that requires a lawyer to disclose known misconduct to disciplinary authorities. Compliance with this obligation confers absolute privilege against defamation claims arising from the report.
An ethical obligation that requires a lawyer to disclose known misconduct to disciplinary authorities. Compliance with this obligation confers absolute privilege against defamation claims arising from the report.
Each sense below has its own examples, sources, and questions.
Derek Douglas, a state health inspector, conducted a routine restaurant inspection and recorded violations he observed under a statutory duty to report. When the report was later offered in a civil suit against the restaurant owner, the court admitted the entries because Douglas had acted pursuant to his legal duty to report. The opposing party could not show lack of trustworthiness, so the record came in as evidence of the conditions on the inspection date.
1 common questions
The record must contain a matter observed by a person who was under a legal duty to report the observation. The exception does not extend to observations made by law-enforcement personnel when offered in a criminal case.
Supporting sources
Dominic Drake, an associate at a law firm, learned that a partner had misappropriated client funds. Drake reported the misconduct to the state disciplinary board as required by professional ethics rules. When the partner later sued Drake for defamation, the court dismissed the claim because the report was made to discharge an ethical duty and was therefore absolutely privileged even though Drake relied partly on information from others.
2 common questions
No. Communications made to discharge a duty under law remain absolutely privileged even when the reporting lawyer relies on information received from others rather than personal knowledge.
Supporting sources
A report is required when the lawyer knows of a violation that raises a substantial question about the other lawyer's honesty, trustworthiness, or fitness as a lawyer. The rule does not require reporting every technical violation.
Supporting sources