SOC475H5 Lecture Notes - Lecture 10: Externality, Law Society
Document Summary
Who should regulate lawyers: four models of enforcement systems, disciplinary controls (independent agencies, you should give the disciplinary power to agencies, usually a disciplinary committee within the bar association or the state bureaucracy. Its too costly to monitor every lawyer, the general public doesn"t know the law, it costs a lot less to have lawyers regulate themselves. Compliance arguments: disciplinary controls, liability controls, structural limitations: client reporting systems; embedded sanctions , using litigation as regulation: balancing financial costs and benefits, filing a law suit is a very costly thing. Independence arguments: the multiple meanings of lawyer independence, independence is synonymous with self-regulation in this context, necessary to maintain the separation of powers among three branches, essential in preserving the rights of citizens in a democracy. Independence and professional regulation: client-motivated independence vs. public-motivated independence, you are calling for lawyers who are independent, independent judgment as balances judgment; market inequalities, the proper constraining effect of independence.
