Lawyers in the Dock
Learning from Attorney Disciplinary Procedings
Abel, Richard L.
Print publication date: 2008
Published to Oxford Scholarship Online: January 2009 Print ISBN-13: 978-0-19-537423-0 doi:10.1093/acprof:oso/9780195374230.001.0001 |
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Abstract:
Our legal system is built on the trustworthiness of lawyers: clients must trust their fidelity, adversaries their undertakings, and courts the veracity of their legal and factual claims. Lawyers who betray trust undermine these foundations. Although legal scholars focus on refining the ethical rules, we know very little about the nature and reasons for their violation. The files of disciplinary proceedings are an underutilized resource for understanding lawyer deviance. This book mines the reports of New York disciplinary proceedings to illuminate the three most common and troubling categories: neglect of clients, overcharging, and excessive zeal. Because their livelihoods are at stake and they possess technical skills and resources, disciplined lawyers litigate these cases very thoroughly; those found guilty offer intimate personal details in mitigation during the penalty phase. The book concludes with practical recommendations for reducing lawyer deviance and restoring trust.
Keywords: trust, legal ethics, lawyer deviance, neglect, overcharging, excessive zeal Table of Contents
Preface
Chapter 1.
Trust and Betrayal
Chapter 2.
Juggling Too Many Balls
Chapter 3.
Practicing Immigration Law in Filene's Basement
Chapter 4.
The Overachiever
Chapter 5.
Bleak House in America
Chapter 6.
The Perils of Perfectionism
Chapter 7.
The Purloined Papers
Chapter 8.
Restoring Trust
Bibliography
Index
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