What obligation do I have to report improper conduct on the part of another solicitor to the Office of the Legal Services Commissioner or to the police or other authority?
A. The answer depends on the specific conduct involved but in general terms all members of the profession have an ethical duty to assist in suppressing dishonourable conduct which may involve reporting improper conduct of a colleague. In some circumstances there may be an obligation under the law, for example section 316(1) of the Crimes Act (NSW). Another example is section 263 of the Legal Profession Act 2004 which requires a solicitor to report the possible trust account irregularity of another solicitor to the President of the Law Society. There is no statutory obligation or any rule which requires you to report conduct not falling within those categories and therefore you will not be liable to prosecution or disciplinary action for failing to do so. However, your general ethical duty referred to above suggests you should bring it to the attention of the Law Society or the Office of the Legal Services Commissioner. If the conduct involves a problem which can be resolved it may be a
