NCJ Number
116049
Journal
Trial Volume: 25 Issue: 3 Dated: (March 1989) Pages: 98-101
Date Published
1989
Length
4 pages
Annotation
Many of the charges of unprofessional conduct is leveled against litigators can be traced to simple ignorance either of a rule or of the consequences of its violation.
Abstract
Too often lawyers know little about the law affecting themselves. Many lawyers remain ignorant of recent developments regarding such matters as client trust funds, conflicts of interest, and attorney disqualifications. Both anecdotal evidence and empirical studies bear out the contention that lawyers and judges often lack basic knowledge of professional ethics. To remedy this situation, some corporations and firms have established ethics committees and offered special courses. While Federal Rule 11 imposes sanctions on attorneys who file frivolous papers, it is insufficiently enforced and has tended to be biased against the plaintiff. Further, State disciplinary authorities have often shown appalling inaction in dealing with charges of attorney professional misconduct. What many lawyers have detected from their knowledge of the actual working of the bar is that professional irresponsibility is seldom costly and is frequently rewarded by the intended gain. Some States have considered improving the fragmented unpredictable disciplinary mechanism. Other States also should consider such improvements. 26 footnotes.