LENGTH: 13992 words SPECIAL ISSUE INSTITUTIONAL CHOICES IN THE REGULATION OF LAWYERS: AFTERWORD: HOW SHOULD WE DETERMINE WHO SHOULD REGULATE LAWYERS? - MANAGING CONFLICT AND CONTEXT IN PROFESSIONAL REGULATION NAME:
نویسنده
چکیده
... Instead, I want to take this opportunity to say a few words about two questions that confront scholars interested in comparative institutional analysis in the field of professional regulation. ... As Professor Martyn argues, however, in his attempt to limit the use of disqualification as a sanction, Professor Green advocates a bifurcated process that runs the risk of undermining the substantive content of the existing conflict rules in circumstances where Green himself believes that they should be applied. ... Indeed, it is precisely in circumstances such as these where client pressures are strong, where the relevant norm ("knowingly assisting" client fraud) is vague and open-ended, and the risk of sanction from other enforcement systems is low (disciplinary bodies rarely sanction these kinds of externality violations) that we want to reinforce a lawyer's commitment to professional independence. ... Thus, to take just one example, even if we accept that Professor Painter's proposed regime of individual contracting will increase the gains from cooperation, his suggestion is still less likely to generate the kind of publicly accessible information about lawyer conduct that can provide useful guidance to other practitioners or contribute to the public debate over regulatory goals. ... Professor Schneyer concludes his Foreword with a call for a richer body of scholarship addressing institutional choices in the field of professional regulation. ...
منابع مشابه
How Should We Determine Who Should Regulate Lawyers--Managing Conflict and Context in Professional Regulation
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