Richard L. Abel
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199760374
- eISBN:
- 9780199827077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199760374.003.0001
- Subject:
- Law, Legal Profession and Ethics
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 ...
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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.Less
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.
Richard L. Abel
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374230
- eISBN:
- 9780199871803
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374230.003.0001
- Subject:
- Law, Legal Profession and Ethics
All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement ...
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All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and “fiddling” in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal.Less
All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and “fiddling” in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal.
