Why Lawyers Do What They Do (When Behaving Ethically)

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Title

Why Lawyers Do What They Do (When Behaving Ethically)

Description

Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer behavior. This Article will report on the results of a study currently underway that seeks to provide empirical evidence to answer the question posed in this Article’s title: Do lawyers train staff in confidentiality preservation because they fear bar discipline? Because they fear malpractice liability? Because they must comply with malpractice liability carrier demands? Because they honor client confidences for their own value and wish to protect them? Because the market forces them to do so? Because it is the right thing to do? The same, or similar, sets of questions may be asked about establishing conflict check procedures, devising their marketing to stay within norms, charging reasonable fees, and other professional ethics-related actions by lawyers. To gather data on these issues, the authors conducted a survey of the bars of Florida and Virginia and present on the findings.

Creator

James Moliterno and John Keyser

Publisher

St. Mary's Journal on Legal Malpractice and Ethics, St. Mary's University School of Law

Date

2014

Contributor

St. Mary's University School of Law

Rights

Copyright to authors James Moliterno and John Keyser

Relation

St. Mary's Journal on Legal Malpractice and Ethics

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

1Moliterno_Final_Germano_Clean.pdf

Files

1Moliterno_Final_Germano_Clean.pdf

Citation

James Moliterno and John Keyser, “Why Lawyers Do What They Do (When Behaving Ethically) ,” St. Mary's Law Digital Repository, accessed June 25, 2017, http://lawspace.stmarytx.edu/item/1Moliterno_Final_Germano_Clean.pdf.

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