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Judicial Reporting Of Lawyer Misconduct, Arthur F. Greenbaum
Judicial Reporting Of Lawyer Misconduct, Arthur F. Greenbaum
Arthur F Greenbaum
It has long been recognized that judges can and should play a central role in the lawyer disciplinary process by reporting substantial lawyer misconduct they observe to disciplinary authorities. Despite the nearly 20-year existence of a mandatory reporting rule in such instances, the conventional wisdom suggests that the rule often is not followed. While the 2007 revision of the ABA Model Code of Judicial Conduct provided a golden opportunity to address this problem, the process resulted in little more than a hortatory reaffirmation of the basic principle. There is a better path.
In this essay, I thoroughly analyze the costs …