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Subject: Law  Book Title: Lawyers in the Dock
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


 
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
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Chapter 1. Trust and Betrayal
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Chapter 2. Juggling Too Many Balls
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Chapter 3. Practicing Immigration Law in Filene's Basement
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Chapter 4. The Overachiever
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Chapter 5. Bleak House in America
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Chapter 6. The Perils of Perfectionism
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Chapter 7. The Purloined Papers
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Chapter 8. Restoring Trust
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Bibliography
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Index
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doi:10.1093/acprof:oso/9780195374230.001.0001
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Part One Neglect
Part Two Fees
Part Three Excessive Zeal