1996 Report On The State Bar Of California Discipline System

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.