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Legal discipline is too secretive:
Public rarely aware of complaints
Republican Herald - December 4, 2002

Pennsylvania's legal discipline code has recently come under attack and not without good reason.

Lawyers are members of one of the most necessary professions in a civilized country and on the whole, they do much good - write wills, incorporate businesses, settle disputes and give advice.

Yet if one is a poor lawyer, Pennsylvania is apparently the place to be.

HALT, an organization for legal reform, recently released its lawyer discipline report card, rating each state's policies. Petmsylvania got an "F" along with North Carolina.

As HALT sees it, our state system's major shortcoming is its love of secrecy.

If a lawyer is accused of misconduct, the state Supreme Court's disciplinary board will handle the entire case behind closed doors. The person who filed the complaint is not guaranteed the right to be present at a hearing before the board.

Moreover, the public will never hear anything about the case unless the court decides upon an official ad of discipline, such as disbarment or suspension. In that case, the information will be made public.

According to a recent Associated Press article, state officials receive about 4,500 complaints each year against lawyers. Only a fraction of these ever come to the public's attention.

Two years ago, 31 cases were referred to the Supreme Court, and 17 resulted in disbarment We don't really know what happened to the rest of them.

Now, compare this to doctors, accountants and other professions covered by the state's Bureau of Professional and Occupational Affairs - including judges. Their misconduct hearings are held in public.

The disciplinary process for lawyers should also be more open, as it is in other states. Moreover, as with the other professionals, the board that reviews professional conduct cases should have some members who are not members of the same profession as the one under scrutiny.

Some lawyers will balk at being subjected to this scrutiny and insist that their vocation is not like any other profession. Lawyers like to style themselves as "officers of the court," virtual members of the third branch of government.

If they are a part of the judicial branch of government, they shouldn't be able to run for office in the Legislature and their earnings should be fixed by the Legislature, just like those of a government employee.