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Lawyers in the DockLearning from Attorney Disciplinary Procedings$
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Richard L. Abel

Print publication date: 2008

Print ISBN-13: 9780195374230

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195374230.001.0001

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Restoring Trust

Restoring Trust

(p.491) Chapter 8 Restoring Trust
Lawyers in the Dock

Richard L. Abel (Contributor Webpage)

Oxford University Press

Most responses to the problem of unethical lawyer behavior begin with rule modifications, and then turn to education and ways to make the disciplinary system more effective. The lessons from the six disciplinary proceedings in this book suggest other solutions. Publicity is the most effective deterrent. Potential clients need to know if lawyers have been convicted, or even accused of misconduct. Malpractice liability should be compulsory. The costs of solo practice may be greater than the benefits. Bar associations should offer second opinions about fee arrangements, which must be written. For-profit referral agencies could do more to ensure the quality of the lawyers to whom they make referrals.

Keywords:   ethical rules, education, publicity, compulsory malpractice insurance, solo practice, fee agreements, referral sources

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