When a lawyer observes a violation of professional responsibility, what should they do?

When a lawyer observes a violation of professional responsibility, the most appropriate course of action is to advise the attorney on potential withdrawal. This response reflects an understanding that the observing lawyer has a professional duty to address unethical behavior. Withdrawal may be necessary to protect the interests of clients and the integrity of the legal profession. In some cases, if the violation compromises the attorney's ability to represent their clients competently or creates a conflict of interest, advising the attorney to withdraw may be the most prudent option.

The importance of advising the attorney on potential withdrawal emphasizes the need for a collegial approach to professional responsibility violations, allowing the attorney to rectify their conduct or step back before further harm occurs to clients or the legal system.

Other options, such as ignoring the violation or discussing it openly with the attorney's clients, are less effective. Ignoring it dismisses the ethical obligation to uphold professional standards, while discussing it openly with clients could breach confidentiality and further complicate the situation. Reporting the violation to the bar association could also be a necessary step in serious matters, but it isn't always immediately required unless the violation poses an imminent threat to clients or the justice system.