Levin, L. C., & Fortney, S. S. (2023). ‘They Don’t Know What They Don’t Know’: A Study of Diversion in Lieu of Lawyer Discipline. Georgetown Journal of Legal Ethics, Forthcoming. Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions…
Characteristics of lawyers who are subject to complaints and misconduct findings
Sklar, T., Taouk, Y., Studdert, D., Spittal, M., Paterson, R., & Bismark, M. (2019). Characteristics of lawyers who are subject to complaints and misconduct findings. Journal of Empirical Legal Studies, 16(2), 318-342. Regulators of the legal profession are charged with protecting the public by ensuring lawyers are fit to practice law. However, their approach tends to be…
State Bar of California holds public comment period for new rule on attorney misconduct reporting
The State Bar of California will hold a public comment period on the proposed new rules which would see California join the rest of the US in obligating attorneys to report misconduct by other attorneys. The State Bar has previously consulted on a rule to implement misconduct reporting, Amendment 8.3, which was returned after a…
New Zealand Law Society consultation on lawyer behaviour rules
The New Zealand Law Society | Te Kāhui Ture o Aotearoa is calling for feedback on new draft guidance designed to support the legal profession to comply with new rules governing the behaviour of lawyers. The amended rules clarify the standards of behaviour expected of lawyers when engaging with clients, colleagues and others, with an…
Keeping Lawyers’ Houses Clean: Global Innovations to Advance Public Protection and the Integrity of the Legal Profession
Abstract Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers…
ABA issues new guidance on lawyer misconduct
On the 15th July, the American Bar Association Standing Committee on Ethics and Professional Responsibility released guidance that expands on a model rule that covers a lawyer’s conduct related to harassment and discrimination. ABA Formal Ethics Opinion 493 outlines how ABA Model Rule of Professional Conduct 8.4(g) addresses actions by a lawyer beyond the courtroom…
Victorian Legal Service Board research into vulnerability to miscounduct
In February 2016 the Victorian Legal Service Board and Commissioner entered into a research partnership with the University of Melbourne. The project was designed to help identify risk patterns and predict areas of concern within the Victorian profession. The study focused on 10 years of regulatory data on complaints (2005 to 2015) and looked at…