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5 - A Short History of Lawyer Regulation

Published online by Cambridge University Press:  03 May 2011

Benjamin H. Barton
Affiliation:
University of Tennessee, Knoxville
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Summary

With the influx of increasing numbers, who seek admission to the profession mainly for its emoluments, have come new and changed conditions. Once possible ostracism by professional brethren was sufficient to keep from serious error the practitioner with no fixed ideals of ethical conduct; but now the shyster, the barratrously inclined, the ambulance chaser, the member of the Bar with a system of runners, pursue their nefarious methods with no check save the rope of sand of moral suasion. … These men believe themselves immune, the good or bad esteem of their co-labourers is nothing to them so long as their itching fingers are not thereby stayed in their eager quest for lucre.

– ABA Committee on a Code of Professional Ethics, 1906

THE REGULATION OF LAWYERS IN AMERICA IS HANDLED differently from the regulation of any other American profession. Doctors, architects, engineers, teachers, and other professionals are all regulated in the first instance by state and federal legislatures. The legal profession, in contrast, is governed in all fifty states by state supreme courts. As we shall see, these courts delegate the actual nuts and bolts of governing lawyers to bar associations or other administrative bodies. Predictably, this regulatory structure favors the interests of the legal profession over those of the public.

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Publisher: Cambridge University Press
Print publication year: 2010

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