According to the ABA rule, what can a lawyer do if a higher authority fails to act on reported misconduct?

If a higher authority fails to act on reported misconduct, a lawyer is permitted to disclose information if necessary to prevent substantial injury to the financial interests or property of another. This aligns with the ABA Model Rules of Professional Conduct, which recognize that while confidentiality is paramount, there are situations where disclosure is justified to avert serious harm.

In this context, the rationale is that a lawyer has an ethical obligation not only to their clients but also to the integrity of the legal profession and the prevention of harm. If a higher authority, such as a supervising attorney or a regulatory body, does not respond or take appropriate action regarding misconduct that risks causing significant injury, the lawyer may consider it their duty to take further steps, which can include disclosure of information.

The other options do not provide a suitable course of action in this scenario. Remaining silent fails to address the need for action against misconduct that could lead to injury. Seeking permission from clients prior to disclosing information might not be feasible or morally acceptable in situations where immediate action is required to prevent harm. Resigning from the case may not necessarily resolve the situation effectively, especially if the misconduct is severe and endangers others beyond just the client's interests.