Lawyer discipline, while improved, still leaves much to be desired
Article Abstract:
The problems with the lawyer disciplinary system include delay and lack of redress for the grievant, and the malpractice remedy is feasible only if the case is very easy to prove or involves a large amount of money. Therefore, the arbitration remedy needs to be available to aggrieved clients. This remedy would afford them compensation for their grievances and be relatively cheap and fast. A prevailing grievant should have the right to reasonable legal fees incurred in pressing an arbitration claim. The result of the arbitration should be disclosed to the state's disciplinary body.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Lawyers have not had a general duty to protect third parties from the bad acts of a client
Article Abstract:
Lawyers may now have an increased duty to protect third parties from a client's fraudulent acts. ABA Rules of Professional Conduct 1.6 gives an attorney discretion to disclose a client's fraud if legal services were used in committing it. NJ has a variant on Rule 1.6 which mandates that attorney-client confidentiality be breached if needed to keep fraud on a third party from happening. Federal Deposit Insurance Corp v O'Melveny and Myers posits a legal duty to disclose client fraud if it might harm third parties. This is one of the cases arising from the S & L Crisis.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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The bar should do no less than business to improve customer satisfaction
Article Abstract:
The New Jersey Ethics Commission has recommended improvements in the state bar disciplinary system to improve accessibility, standardize processing and improve staffing. Suggestions included an '800' number to file grievances, increased staffing, and in all but complex cases, a time period of six months from filing of the grievance to disposition.The report details public frustration with the current inefficient system.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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