A lawyer’s duty to self-report disciplinary misconduct

Imagine you’ve been practicing law for a number of years in state (state B), perhaps occasionally taking a case in Oklahoma (state A). You’ve managed to keep your state A license in good standing with no disciplinary complaints ever filed against you. Currently, you’re the prosecutor in a capital murder trial in state B and the court wants to appoint a confidential intermediary (CI) to the defense in order to assist with mitigation evidence should the defendant be found guilty during the penalty phase of the trial. You have a number of conversations with the CI that encompass confidential information about the defendant, but you don’t initially disclose this to your co-counsel or the court because you believe you don’t have an obligation to disclose such information. The defense attorney knows of only one conversation you had with the CI. Later, when the defense files a motion to recuse you from the trial, you sign and file a motion in response…

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