Abstract

Standards exist by which a lawyer's conduct may be guided or judged. Lawyers and judges have an ethical duty to report violations of standards of ethical conduct to appropriate authorities. This duty is an integral part of a mature system of professional self-regulation. The codification and enforcement of legal-ethical standards presents, however, a difficult task. This Note explores several of the problems associated with the implementation of reporting standards in the legal field and proposes some possible solutions to those problems.

The Note begins by describing the ethical standards governing the legal profession and their evolution over time. It next focuses on the reporting requirements in conjunction with an examination of the conduct prohibited by other ethical standards. The Note also analyzes some of the factors contributing to the ineffectiveness of the peer reporting requirement. Finally, this Note examines several proposals designed to improve the level of ethical conduct in the profession.

Remedying the failures of the reporting requirement is of paramount importance, as the inefficacy of the reporting requirement may ultimately result in the loss of the regulatory autonomy which lawyers now enjoy. The first step in improving the effectiveness of peer reporting, however, is to define the failures of the reporting requirement. The Note suggests that renewed attention to the problem will compel the legal community to attend to its ethical and regulatory responsibilities.

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