Attorney misconduct
Encyclopedia
Attorney misconduct encompasses a variety of issues related to unethical or illegal
conduct by an attorney. Attorney Misconduct may include: conflict of interest
, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.
As the Durham County, North Carolina prosecutor, Mike Nifong, gained national infamy for a pattern of attorney misconduct related to the 2006 Duke University lacrosse team scandal
.
Legal malpractice
describes a separate concept such as when an attorney fails to adequately, professionally, competently, or zealously represent a client. While malpratice and misconduct may often be found in the same matter, they are separate concepts and need not both exist.
(ABA) has established model rules of professional conduct expected of attorneys, which most states in the U.S. have incorporated as part of their state laws. Each state issues its own set of rules governing the ethical rules and the related enforement of those rules, generally through their state bar association
s. As the state bar organizations and their enforcement mechanisms are composed of lawyers who set the rules, the regulation of attorney ethics is self regulated
and self policed
. The self regulation of any industry by its economic participants poses an inherent conflict of interest
between the professional objectives of the members of the profession and those for whom the regulation would protect. Some academic researchers and industry pundits have asserted that attorney discipline in the U.S. is ineffective, and favors lawyers and law firms.
Individual lawyers or their firms may be cited for misconduct by a judge in the originating proceedings or by a corresponding state bar.
conduct by an attorney. Attorney Misconduct may include: conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.
As the Durham County, North Carolina prosecutor, Mike Nifong, gained national infamy for a pattern of attorney misconduct related to the 2006 Duke University lacrosse team scandal
2006 Duke University lacrosse team scandal
The Duke lacrosse case is a common name given to a criminal investigation into a 2006 false accusation of rape made against three members of the men's lacrosse team at Duke University in Durham, North Carolina...
.
Legal malpractice
Legal malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client...
describes a separate concept such as when an attorney fails to adequately, professionally, competently, or zealously represent a client. While malpratice and misconduct may often be found in the same matter, they are separate concepts and need not both exist.
Codification of rules and enforcement
The American Bar AssociationAmerican Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
(ABA) has established model rules of professional conduct expected of attorneys, which most states in the U.S. have incorporated as part of their state laws. Each state issues its own set of rules governing the ethical rules and the related enforement of those rules, generally through their state bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
s. As the state bar organizations and their enforcement mechanisms are composed of lawyers who set the rules, the regulation of attorney ethics is self regulated
Self-regulation
The term self-regulation can signify:*Autoregulation*Homeostasis, in systems theory*Self-control, in sociology / psychology*Self-regulated learning, in educational psychology*Self-regulation theory , a system of conscious personal health management...
and self policed
Self-policing
Self-policing, a form of self-regulation, is the process whereby an organization is asked, or volunteers, to monitor its own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a governmental entity monitor and enforce those standards.-To the...
. The self regulation of any industry by its economic participants poses an inherent conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
between the professional objectives of the members of the profession and those for whom the regulation would protect. Some academic researchers and industry pundits have asserted that attorney discipline in the U.S. is ineffective, and favors lawyers and law firms.
Individual lawyers or their firms may be cited for misconduct by a judge in the originating proceedings or by a corresponding state bar.
External Links & Articles
- American Bar AssociationAmerican Bar AssociationThe American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
- American Bar Association Model Rules of Professional ConductAmerican Bar Association Model Rules of Professional ConductThe ABA Model Rules of Professional Conduct, created by the American Bar Association , are a set of rules that prescribe baseline standards of legal ethics and professional responsibility for lawyers in the United States. They were promulgated by the ABA House of Delegates upon the recommendation...