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Lawyers on TrialUnderstanding Ethical Misconduct$
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Richard L. Abel

Print publication date: 2010

Print ISBN-13: 9780199760374

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199760374.001.0001

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The Politics of Self-Regulation

The Politics of Self-Regulation

(p.1) 1. The Politics of Self-Regulation
Lawyers on Trial

Richard L. Abel (Contributor Webpage)

Oxford University Press

Self-governance and self-regulation are defining characteristics of all professions. The preamble to the American Bar Association (ABA) Model Rules of Professional Conduct acknowledged why professions claim such authority: “To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated”. But these core powers are ambivalently asserted, expediently exercised, and constantly contested. This chapter traces the institutional history of lawyer discipline in California in order to show how the system's capacities and limitations influence the way it constructs lawyer deviance.

Keywords:   self-governance, legal profession, lawyer discipline, California, lawyer deviance

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