New York’s system for disciplining lawyers is shrouded in secrecy and riddled with inconsistency, according to a new paper by a leading legal ethics expert. “A study of all lawyer discipline cases in New York from mid-2008 through 2013… reveals that the system for lawyer discipline in New York is seriously deficient,” writes New York University law professor Stephen Gillers.
The professor — whose article appears in the most recent issue of the “New York University Journal of Legislation and Public Policy” — levels a number of criticisms at the Empire State’s sanction system. One glaring weakness, he says, is how difficult it is for a prospective client to look up a lawyer’s disciplinary history.
Source:
Lawyer Discipline in New York is "Seriously Deficient" says NYU Professor
8 comments:
So what else is new?
Thanks for taking a stand, Professor. I hope the state is listening.
Lawyer self-discipline is an increasingly sick joke.
The public needs to take back ITS power to regulate the Bar, and kick some serious butt.
It applies to all states.
Part of the problem is that most of the public doesn't bother to do its due diligence prior to hiring an attorney. Until the public starts doing more research, any additional transparency will likely have little effect.
How can you do due diligence?
Does the Bar or the State make discipline complaints - not just records - available?
Thelma, each State is different. Some are more transparent than others and in some it is easier to find information than others. For example, in Florida, you can see the complaints, the attachments to the complaints, and the discipline imposed.
I don't know what State you are in. But here is my guide on how to find discipline records in each State: http://www.attorney-jmanuelacevedo.com/How-to-Find-Attorney-Discipline-Records.html
I hope it helps.
Thank you.
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