The Legal Profession and Its Response to Misconduct, Essay Example

In the scenario presented, there are various violations of the American Bar Association’s Rules of Conduct.  The most flagrant violation is that of Rule 8.4, which involves maintaining the integrity of the profession by avoiding misconduct (American Bar Association, 2002.) It is considered to be professional misconduct if a lawyer engages in behavior that involves dishonesty, fraud, deceit or misrepresentation which in this case, describes the behavior of the lawyer that is falsifying his hours worked.  In addition, it would be a violation of Rule 8.3 if the lawyer who discovers the dishonest reporting of the hours worked does not report the professional misconduct. He or she is in violation of that rule which mandates the reporting of professional misconduct.

Rule 8.3 requires that a lawyer who knows that another lawyer has violated the rules of professional conduct has an obligation to report the dishonesty to the appropriate authority, which in this case would most likely be the lawyers in charge of the firm.  The issue is not whether or not to report the behavior because it is mandated; a lawyer who is aware of the misconduct of another attorney is obligated to report the behavior.  Not doing so would most likely result in a penalty for both parties involved.

The law firm which has hired these two attorneys has several options available to be utilized when the ethical violations are discovered.  They must take disciplinary action in order to maintain the high standards of the legal profession that include policing their own.  Their response to the misconduct can include permanent disbarment of the attorney, in which case the lawyer is not able to practice law at all; limiting or suspending the attorney’s ability to practice law; or finding other disciplinary actions that are crucial in order to maintain the credibility of the profession.  This would allow consumers to have confidence in the integrity of the people that practice law, both individually and as a group.  The legal profession is consistently the target of jokes and contempt by the public and cannot afford to act in ways that would further undermine its credibility.

References

American Bar Association. Center for Professional Responsibility. 2010. 7 August 2010 http://www.abanet.org/cpr/mrpc/rule_8_4.html

—. Important–before you hire a lawyer. 2010. 7 August 2010 http://www.abanet.org/premartindale.html

American Legal Ethics Library. 5 February 2002. 7 August 2010.http://neuro.law.cornell.edu/ethics/aba/current/ABA_CODE.HTM

“Attorney  misconduct.” 2010. The Free Dictionary. 7 August 2010  http://legal-dictionary.thefreedictionary.com/Attorney+Misconduct>