One thing that defines the legal profession is that it’s “self-governing.” Lawyers have ethical regulations that bind them together in service to others. But do lawyer ethics rules effectively serve the profession? Do these regulations serve the public? Not as well as they should. Rationale for Self-Regulation What’s this notion of “self-regulation?” Lawyers aren’t licensed or regulated by a department within the executive branch of the government but by state supreme courts. This isn’t set…

Lawyers have a duty to represent their clients. At the same, they have a responsibility to the legal system and the quality of justice administered. These three sets of obligations are laid out in the Preamble to the Rules of Professional Conduct. The Preamble urges lawyers to promote civility and to further the public’s confidence in the rule of law and the justice system. So what does it mean to promote civility and the rule of…

More than politeness, civility in government is the glue that holds our republic together. Discussion about civility tends to focus on good manners, or how people speak and behave. But that’s only part of being civil. That people speak and what is substantively communicated are also key components. Respectful sharing of differing viewpoints and compromise around policy makes for civility in government. And America is saying we need more of it. Civility in government =…

Why aren’t law firms held accountable for violations of ethics rules that harm consumers?  We often see reports that confidential client information may have been compromised by cyberattacks or security breaches involving inadequately protected data. Who’s responsible? In most U.S. jurisdictions, only individual lawyers are disciplined for ethical violations that harm consumers. However, roughly half of lawyers practice in a law firm setting. And associates in medium-to-large firms have no influence over firm systems, such…