4 ms·
The bar associations around the country almost always focus on financial improprieties - think comingling or mishandling client money, all the way to straight u
by jimz 6y ago
The bar associations around the country almost always focus on financial improprieties - think comingling or mishandling client money, all the way to straight up swindling. The most reliable way to get disbarred isn't being an incompetent lawyer but to simply screw with your firm's finances. That's because financial misdealings are at least more or less objective and can be recorded and traced. There really isn't a good way to measure a lawyer's actual competency, considering that some of the best lawyers I know lose most of their cases and get the most bar complaints - because they are county public defenders in a system that is massively tilted against them. In fact I would hesitate to judge the frivolity of any particular case without all of the facts and evidence being presented, by nature of the work, and ultimately the courts, not the bar association, are the more responsive gatekeeper here, with the power to act as such if necessary (https://www.law.cornell.edu/rules/frcp/rule_11 https://www.law.cornell.edu/rules/frcp/rule_11). The reason they don't do it more is because courts tend to recognize that lawyers ultimately aren't independent actors but rather driven by their client's interests, which they ethically must zealously represent.
Onus is really on the clients bringing the suit. Anti-SLAPP laws have at least been somewhat effective on an individual level in states that enacted them, so laws can disincentivize client intentions in some cases at least. I have no idea what would actually work in the case at hand though.
- cobbzilla 6y agoAgreed. Malicious/unethical lawyers who maintain scrupulous finances are a disease with no known cure.