Comment by throw101010
1 month ago
> strict ethical standards to not use the information (for what little that may be worth)
If it's worth so little to your eyes/comprehension you will have no problem citing a huge count of cases where lawyers do not respect their obligations towards the courts and their clients...
That snide remark is used to discredit a profession in passing, but the reason you won't find a lot of examples of this happening is because the trust clients have to put in lawyers and the legal system in general is what makes it work, and betraying that trust is a literal professional suicide (suspension, disbarment, reputational ruin, and often civil liability) for any lawyer... that's why "strict" doesn't mean anything "little" in this case.
> you will have no problem citing a huge count of cases where lawyers do not respect their obligations towards the courts and their clients...
There are almost 2000 disbarments annually in the US.
The california bar recieves 1 compliant for every 10 law licenses in the state every year.
There's a wikipedia page on notable disbarments.
Legal malpractice suites are on the rise.
If you are going to assert that legal malpractice is not legitimate concern, I think the burden of evidence is on you.
I’m not a lawyer, but I did watch every episode of Better Call Saul and I’d point out that a lawyer who generates one complaint likely generates multiple complaints so that 1 complaint/10 law licenses number is misleading about the scope of the issue. Similarly, 2000 disbarments sounds high until you realize that there are roughly 1.3 million lawyers. What’s more, when I was checking to see what reasons for disbarment might be, I found an article (https://law.usnews.com/law-firms/advice/articles/what-does-i...) which cited a number much lower (less than 500) and that pointed out that reasons other than professional misconduct can lead to disbarment including DUI and domestic violence. The following gives some reasons for disbarment:
> … disbarment is the presumptive form of discipline for an attorney who steals clients’ money, Best says.
> Disbarment is more likely when the attorney committed fraud or serious dishonesty, particularly in front of a tribunal or to a client. Similarly, priority may be given to cases where an attorney is convicted of a crime of moral turpitude, Levin says.
> Priorities also change in response to society’s changing values and when there’s a belief that tightening down on types of cases will help the profession as a whole, Best says.
> For example, in Massachusetts, there has been an increased focus on violations relating to the administration of justice, such as when prosecutors engage in racist behavior.
> And while, in the past, an attorney’s drunk driving or domestic violence would probably not have led to sanctions (because they were seen as unrelated to the attorney’s legal work), they now might result in discipline, Best says.
Well, also the lawyer would have to really badly fuck up for it to become public news that they had actually used the information.