Attempted Ethics Violations

7 Pages Posted: 15 Apr 2019 Last revised: 13 Feb 2020

See all articles by Peter A. Joy

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: January 1, 2019

Abstract

If a lawyer engages in conduct aimed at violating an ethics rule, but ultimately does not violate the rule, has the lawyer nonetheless committed professional misconduct? In other words, is an attempt to violate an ethics rule itself an ethics violation? In this paper, we focus on this question and explore a relatively recent development in legal ethics — the concept of attempted ethics violations.

Keywords: legal ethics, professional responsibility, attempt, professional discipline

JEL Classification: K19, K29, K39, K42, K49

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., Attempted Ethics Violations (January 1, 2019). 33 Criminal Justice 55 (Winter 2019), Washington University in St. Louis Legal Studies Research Paper No. 19-03-02 , Case Legal Studies Research Paper No. 2019-18, Available at SSRN: https://ssrn.com/abstract=3357853

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

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