Lawyers' "Squeal Rule".
Lawyers' 'squeal rule'
Hey, have you heard the gag about the lawyer who made a deal with the devil? They were sitting in a bar, it seems, and the lawyer needed to ask a favor.
Well, never mind. You know how those jokes go. They can be amusing, but they have two problems. One, of course, is that they are unfair to the majority of attorneys, who are ethical and professional. The other is that there's nothing funny about real-life misconduct by lawyers. Just ask the fen-phen plaintiffs.
So it was welcome news this week when the Kentucky Supreme Court adopted a "squeal rule," making it mandatory that attorneys report misconduct of other lawyers and judges. The rule requires lawyers to disclose actions by peers that are criminal or involve dishonesty, fraud or deceit in the course of their work.
The only regrettable aspect of the court's decision was that it was necessary for the court to act to overturn the state bar association's board of governors, who in 2007 ill-advisedly voted against the mandatory reporting rule.
As Chief Justice John D. Minton pointed out, the changes were needed to bring Kentucky in line with national standards. (Kentucky is one of four states without a squeal rule.) Moreover, Louisville attorney Peter Ostermiller, who represents lawyers charged with misconduct, acknowledged that the new rules generally are a big improvement that provide more guidance to lawyers.
It's astonishing that the bar association's governors didn't share that view.
As Chief Justice Minton said, the changes should strengthen attorney accountability and improve public confidence in the legal profession. That should have been the bar association's priority, too. And that's no joke.
Hey, have you heard the gag about the lawyer who made a deal with the devil? They were sitting in a bar, it seems, and the lawyer needed to ask a favor.
Well, never mind. You know how those jokes go. They can be amusing, but they have two problems. One, of course, is that they are unfair to the majority of attorneys, who are ethical and professional. The other is that there's nothing funny about real-life misconduct by lawyers. Just ask the fen-phen plaintiffs.
So it was welcome news this week when the Kentucky Supreme Court adopted a "squeal rule," making it mandatory that attorneys report misconduct of other lawyers and judges. The rule requires lawyers to disclose actions by peers that are criminal or involve dishonesty, fraud or deceit in the course of their work.
The only regrettable aspect of the court's decision was that it was necessary for the court to act to overturn the state bar association's board of governors, who in 2007 ill-advisedly voted against the mandatory reporting rule.
As Chief Justice John D. Minton pointed out, the changes were needed to bring Kentucky in line with national standards. (Kentucky is one of four states without a squeal rule.) Moreover, Louisville attorney Peter Ostermiller, who represents lawyers charged with misconduct, acknowledged that the new rules generally are a big improvement that provide more guidance to lawyers.
It's astonishing that the bar association's governors didn't share that view.
As Chief Justice Minton said, the changes should strengthen attorney accountability and improve public confidence in the legal profession. That should have been the bar association's priority, too. And that's no joke.
Labels: Justice, Keeping them honest
posted by KYJurisDoctor at 3:00 PM
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