Answer: RPC 8.3(a) RPC 8.3(a) requires a lawyer to report the conduct of another lawyer only if [1] the lawyer knows that another lawyer has committed a violation of the rules of professional conduct and [2] that violation raises a substantial question as to the other lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects. RPC 1.0 (f) provides that "knows" denotes actual awareness of the fact in question but that knowledge can be inferred from the circumstances. If the lawyer knows of a violation of the rules of professional conduct by another which raises a substantial question as to the honesty, trustworthiness or fitness of the other lawyer, the lawyer is required to report the conduct to the Board. If the lawyer does not "know" of a violation or if the violation does not all within one of the categories of honesty, trustworthiness or fitness as lawyer in other respects, the lawyer is not required to report the conduct to the Board but may, nonetheless, chose to report the conduct.
Answer: No. The advertising rules were changed to eliminate the requirement that advertisements be sent to the Board within three days of publication. Current RPC 7.2(b) requires that the lawyer retain a copy or recording of each advertisement be retained by the lawyer for two years after its last dissemination, along with a record of when and where the advertisement appeared. RPC 7.3(c)(7) requires that a copy of each communication sent to a specifically identified individual be retained by the lawyer for two years after its last dissemination along with a record of when and to whom it was sent.
Answer: The majority of lawyers will be required to have an IOLTA account. RPC 1.15(b) requires that a lawyer who hold funds belonging to clients or third persons in a separate account maintained by a FDIC member depository institution having a deposit-accepting office in the state where the lawyers office is situated. If a lawyer is engaged in a practice in which they never possess funds belonging to clients or third persons, the lawyer would not be required to have an IOLTA account. Examples of funds belonging to clients or third persons would be fees or retainers paid to the lawyer in advance which have not yet been earned, cost or expenses paid to the lawyer in advance to be paid to third persons or entities, recoveries secured for the client by the lawyer and many others. All such funds would have to be held by the lawyer in a separate trust account. If the amount held by the lawyer are nominal in amount or expected to be held for short period of time as provided in RPC 1.15(b)(2), they must be held by the lawyer in an IOLTA account. Under circumstances provided in RPC 1.15(b)(1) funds of clients or third persons could be held by the lawyer in a trust account which is not an IOLTA account.