Book contents
- Frontmatter
- Contents
- Acknowledgments
- 1 An Ambient Bias
- 2 The Theory
- 3 Constitutional Criminal Procedure
- 4 Civil Constitutional Law
- 5 A Short History of Lawyer Regulation
- 6 Current Lawyer Regulation
- 7 Torts
- 8 Evidence and Civil Procedure
- 9 The Business of Law
- 10 Enron's Sole Survivors
- 11 Complexity and the Lawyer–Judge Bias
- 12 Rays of Hope, Ramifications, and Possible Solutions
- Index
5 - A Short History of Lawyer Regulation
Published online by Cambridge University Press: 03 May 2011
- Frontmatter
- Contents
- Acknowledgments
- 1 An Ambient Bias
- 2 The Theory
- 3 Constitutional Criminal Procedure
- 4 Civil Constitutional Law
- 5 A Short History of Lawyer Regulation
- 6 Current Lawyer Regulation
- 7 Torts
- 8 Evidence and Civil Procedure
- 9 The Business of Law
- 10 Enron's Sole Survivors
- 11 Complexity and the Lawyer–Judge Bias
- 12 Rays of Hope, Ramifications, and Possible Solutions
- Index
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, 1906THE 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.
- Type
- Chapter
- Information
- The Lawyer-Judge Bias in the American Legal System , pp. 105 - 130Publisher: Cambridge University PressPrint publication year: 2010