Incorrigible advocates

Open Access
Authors
Publication date 2012
Journal Legal Ethics
Volume | Issue number 15 | 2
Pages (from-to) 335-355
Organisations
  • Faculty of Law (FdR) - Paul Scholten Centre for Jurisprudence (PSC)
Abstract
Inspired by the work of Richard Abel, the authors conduct a N=1 study into the career path and disciplinary records of a Dutch immigration advocate. Their aim is to offer explanations as to why some lawyers seem so impervious to discipline. The authors analyse the case from three different angles: (1) characteristics of the disciplinary system; (2) the social network of the advocate in question, including his professional network; and (3) the advocate’s personality. According to the authors, the key to explaining non-compliance with ethical rules lies in the interaction between these three perspectives. In the case of the immigration lawyer a lack of professional socialization and the fact that he operated on his own, without substantial feedback or criticism from his social network were important explanatory factors. The article also offers a detailed insight into the effects of a accelerated disciplinary proceeding in which a local bar president ex officio assumes a new role.
Document type Article
Language English
Published at https://doi.org/10.5235/LE.15.2.335
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