Abstract

http://ssrn.com/abstract=2429260
 


 



Administrative and Interim Suspensions in the Lawyer Regulatory Process - A Preliminary Inquiry


Arthur F. Greenbaum


Ohio State University (OSU) - Michael E. Moritz College of Law

April 25, 2014

Ohio State Public Law Working Paper No. 241

Abstract:     
While the use of suspensions as a sanction for violation of a rule of professional conduct is commonplace and well understood, suspensions are used far more extensively in the lawyer regulatory process. Depending on the jurisdiction, they are imposed to:

• Secure adherence to law-licensing requirements;

• Induce compliance with societal obligations imposed outside the disciplinary process;

• Shelter the public from lawyers who have been found by others to have engaged in professional misconduct or serious criminal activity;

• Compel cooperation in the disciplinary process; and

• Protect the public when continued practice by a lawyer poses a substantial threat of serious harm.

Suspending a lawyer from practice, even for a limited period of time, however, can have substantial negative consequences for the lawyer, the lawyer’s clients, third-parties, and the legal system. In this article, I explore the differing rationales underlying each of these types of suspension and whether, in each instance, suspension is the appropriate tool to protect those interests, or whether less drastic remedies would suffice. Upon balancing the legitimate interests furthered by such suspensions against the substantial costs they impose, I argue for tempering those consequences in certain settings, such as pure administrative suspensions, and for employing less disruptive sanctions wherever possible.

Number of Pages in PDF File: 56

Keywords: administrative suspension, interim suspension, temporary suspension, emergency suspension, public harm suspension

JEL Classification: K29, K39, K40, K49

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Date posted: April 26, 2014  

Suggested Citation

Greenbaum, Arthur F., Administrative and Interim Suspensions in the Lawyer Regulatory Process - A Preliminary Inquiry (April 25, 2014). Ohio State Public Law Working Paper No. 241. Available at SSRN: http://ssrn.com/abstract=2429260 or http://dx.doi.org/10.2139/ssrn.2429260

Contact Information

Arthur Franklin Greenbaum (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 W. 12th Ave.
Columbus, OH 43210
United States
614-292-4160 (Phone)
614-688-4202 (Fax)
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