A Milestone

For those who keep an eye on the traffic of this blog (i. e. me), it looks like we will get our 2.5 millionth page view today.

It has been gratifying to see that we have been able to draw some attention to – most particularly – the imposition of professional discipline by the self-regulating legal profession.

My first post in October 2006

This is my first venture into the intimidating world of blogging. As a former longtime prosecutor of Bar discipline cases in the District of Columbia as well as a professor teaching professional responsibility courses at Georgetown University Law Center, I am grateful to have a forum to discuss my primary concern about regulation of the legal profession, namely that the public interest in an honorable and ethical profession is too often subordinated to “the parochial or self-intersted concerns of the bar.” ABA Model Rules, Preamble at comment 12. It is my intention to stimulate discussion about the regulatory regimes of the various state bars in aid of heightened public awareness and to encourage reform where necessary to the public interest. I look forward to input from around the country of persons who either share or wish to dispute my concerns.

I trust that we have done our best to heighten public awareness about both the incredible foibles of our fellow members of the Bar and the often inadequate response of lawyer disciplinary systems.

The internet – and particularly the rising availability of access to oral arguments and disciplinary information – give the public new tools to evaluate the quality of self-regulation.

As an example, I have watched the arguments in the Kansas discipline cases for many months and have been impressed by the professionalism of the court and disciplinary counsel. I’ve also been impressed with the fact that the Supreme Court is able to impose final discipline within six months of receiving the hearing report. Swift and fair discipline makes one proud.

Many state high courts and regulatory agencies have made commendable progress in providing this much-needed transparency. It is easy to find information about lawyer misconduct in a few clicks in many places.

But many courts and State Bars still hide this information.

Try finding out much about bar discipline in Alabama. And Alabama does not stand alone in this regard. A scholarly analysis of access to disciplinary information in the 50 states would be a worthy project.

Ten years ago, I called for reform in the District of Columbia. My goal for the near-term future is to bring that call up to date by evaluating the progress – or lack thereof- since my initial venture.

In the meantime, I express my appreciation for the response to our efforts. (Mike Frisch)