ABA Model Rules of Professional Conduct, Rule 8.4: Misconduct: "It is professional misconduct for a lawyer to: [...] (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation..."
If it really was intentional, this very clearly meets the standard, and there's absolutely no requirement that there be damages for the lawyer to be disciplined. I'm not talking about a fraud or malpractice claim, so there's no reason this would involve a lengthy court battle, etc.
Further, Rule 8.3: "(a) A lawyer who knows 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 as a lawyer in other respects, shall inform the appropriate professional authority."
> The ABA is not a lawyer disciplinary agency and has no authority to investigate or act upon complaints filed against lawyers. Each state has its own agency that performs that function in regard to lawyers practicing in that state. Locate your state agency from the Directory of State Disciplinary Agencies.
So you're not dealing with the ABA, but the underfunded and understaffed state board.
Of course you're dealing with your local licensing authority, but they'll all have a rule substantially the same as the model rule cited.
California's state bar even has a formal opinion calling out this or similar behavior:
"Had Seller’s Attorney intentionally created a defective “redline” to surreptitiously conceal the change to the
covenant not to compete, his conduct would constitute deceit, active concealment and possibly fraud, in
violation of Seller’s Attorney’s ethical obligations."
[https://www.americanbar.org/groups/professional_responsibili...]
If it really was intentional, this very clearly meets the standard, and there's absolutely no requirement that there be damages for the lawyer to be disciplined. I'm not talking about a fraud or malpractice claim, so there's no reason this would involve a lengthy court battle, etc.
Further, Rule 8.3: "(a) A lawyer who knows 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 as a lawyer in other respects, shall inform the appropriate professional authority."
[https://www.americanbar.org/groups/professional_responsibili...]
Seems to fit as well if the behavior was repeated.