Bar Counsel continued from page 12 his own name. Matson maintained that he disbursed the $2,500,000 as “discretionary bonuses” and that the additional $341,000 was being held in escrow in his name. The $2,800,000 that Matson disbursed to himself and the other attorney were ultimately returned to the trust account. What can we do as a profession to address these cases? Be vigilant. We are a self-policing profession. “Ev-ery lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.” 10 The mission of the Virginia State Bar is to protect the public. The Bar cannot effectively protect the public, nor can it ensure consistent discipline, if lawyers fail to report substantial mis-conduct for fear of damaging another lawyer’s reputation, or in hopes that someone else will report the miscon-duct. Rule 8.3(a) requires a lawyer to report misconduct if they have “reli-able information” that another lawyer has committed a violation of the Rules of Professional Conduct that raises a “substantial question” as to that lawyer’s honesty, trustworthiness, or fitness to practice law. Per Comment 3 to Rule 8.3, the term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware. Not every report has to be for-mal— when in doubt, call the Bar. Once reported, the VSB will thoroughly assess the concerns or complaint, and if necessary, investigate; not every report will result in discipline. Early reporting may prevent further harm. The Bar’s disciplinary procedure allows one-way, confidential reporting of concerns of depression, substance abuse, or cogni-tive impairment to Virginia’s Judges and Lawyers’ Assistance Program (Virginia JLAP). The Bar strives to be proactive. The stakes are particularly high — and the obligation to report is critical— in cases where a lawyer misappropriates funds that he or she has been entrusted to safeguard. We must act to protect the integrity of the profession, for without the trust of the public and our clients, what do we have? Endnotes 1 Legal Ethics Opinion 1515 approved by the Supreme Court of Virginia February 1, 1994 2 Rule of Professional Conduct 1.15(b)(4) 3 Rule of Professional Conduct 8.4(b) 4 In the Matter of Cherie Anne Washburn, VSB Docket No. 19-090-113267 5 In the Matter of Clifford John Shoemaker, VSB Docket No. 20-051-117628 6 In the Matter of Philip R. Farthing, VSB Docket No. 18-010-110240 7 In the Matter of David Barney Wilks, VSB Docket No. 19-053-114898 8 In the Matters of James Christopher Chamblin, VSB Docket Nos. 19-051-115974 and 20-051-116130 9 In the Matter of Bruce Howard Matson, VSB Docket No. 20-033-117567 10 Preamble to Rules of Professional Conduct Tech continued from page 47 hope to identify methods that can most effectively engage consumers with public legal help. By identifying patterns of legal needs through virtual clinics, chatlines, advice boards, and Endnotes 1 Kate Kenney, How to Keep Your Business Nimble and Flexible During a Pandemic , Virginia Lawyers Weekly, Sept. 24, 2020. 2 Ellen M. Gregg, Bill Koch, and Daniel W. Smith, How Artificial Intelligence is Impacting auditing search engines, researchers will test prototypes of new bots and information displays on search engines to determine the kind of information and design that can best engage people in a legal process. 6 Practicing law in 2021 and beyond Litigators , ALAS Loss Prevention Journal 48 (Summer 2019). 3 Yuki Noguchi, Freelanced: the Rise of the Contract Workforce , NPR, Jan. 22, 2018. 4 Clio 2020 Legal Trends Report . 5 Destiny Peery, Paulett Brown, and Eileen Letts, demands creativity. The legal service experience is being reshaped by pow-erful social, economic, and techno-logical forces. Lawyers have a unique opportunity to build a future that is more resilient and equitable for all. Left Out and Left Behind – The Hurdles, Hassles, and Heartaches of Achieving Long-term Legal Careers for Women of Color , ABA Commission on Women in the Profession, 2020. 6 Margaret Hagan, A Human-Centered Design Approach to Access to Justice , Ind. JL & Soc. Equal. 6, 199, 2018. Got an Ethics Question? The VSB Ethics Hotline is a confidential consultation service for Virginia lawyers. Questions can be submitted to the hotline by calling (804) 775-0564 or by clicking on the “Email Your Ethics Question” link on the Ethics Questions and Opinions web page at www.vsb.org/site/regulation/ethics/. 56 VIRGINIA LAWYER | FEBRUARY 2021 | VOL. 69 www.vsb.org