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Article
Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation of Lawyers
Professional Lawyer
  • Susan Saab Fortney, Texas A&M University School of Law
Document Type
Article
Publication Date
1-2015
ISSN
1042-5675
Abstract

This essay uses the Australian proactive approach to regulating attorneys as a springboard to discussing the role of proactive regulation of lawyers in advancing public protection. The essay provides information on the genesis and implementation of “proactive management-based regulation, the system in Australia. The essay reviews key research findings from empirical studies on the impact of the new system on complaints registered against lawyers and the conduct of lawyers in firms. The essay suggests possibilities for using management-based principles to improve lawyer regulation and conduct in the United States and other jurisdictions. The author concludes with a challenge for regulators and regulated persons to transform the heavy reliance on a “disciplinary” approach that largely swoops in after alleged misconduct to an “integrity” system in which lawyers and regulators work in partnership to raise the ethical bar in the interest of public protection.

Num Pages
11
Publisher
American Bar Association
File Type
PDF
Citation Information
Susan Saab Fortney. "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation of Lawyers" Professional Lawyer Vol. 23 Iss. 1 (2015) p. 16 - 26
Available at: http://works.bepress.com/susan_fortney/177/