Jon Lee, A New Approach to Attorney Regulation

Jon Lee’s “A New Approach to Attorney Regulation” argues that the current system of mandatory reporting of attorney misconduct, relying on the threat of sanctions (sticks), is ineffective and proposes a shift towards positive incentives (carrots). It examines the history of attorney regulation, highlighting the ineffectiveness of the current mandatory reporting rule due to low compliance and fear of retaliation. The text draws on law and economics literature, and uses criminal law and tort law examples, to argue that carrots are more appropriate because of differing compliance costs and regulators’ incomplete information. It presents six specific measures, such as modifying the reporting rule and providing robust protections, to create a more effective and supportive system that encourages attorneys to report misconduct. Ultimately, Lee suggests that an incentive-based approach can enhance compliance and better serve the profession’s self-regulation goals.

Listen to a generated conversation regarding the article at https://notebooklm.google.com/notebook/d810d976-d856-403c-ab65-9f7c60fb31ba/audio.