Culture of punishment

Three disbarments in the September issue have two features in common: All are by default proceedings and the underlying alleged misconduct does not warrant disbarment. Each attorney, judging by his bar number, had 15 or 20 years behind him since admission.

What inferences to draw? Perhaps these attorneys got tired of dealing with the discipine apparatus and decided being an attorney just isn’t worth the trouble. Maybe each got worn down by the process and decided there were better ways to make a career, while there was still time.

Anyone who follows the discipline pages can see a trend that mirrors the trend seen by criminal practitioners, a remorseless culture of punishment. Nothing is accidental or excusable, no one escapes conviction and consequences. If something happens, somebody must be at fault. Now even misconduct which has no nexus with the provision of professional services brings charges.

We all are required to be morally perfect as well as professionally competent. It is a Dudley Do-Right standard. I never aspired to be Dudley Do-Right. I thought he was a cartoon character good for a laugh.

Edward G. Brooks
Fremont

Apprenticeship needed

Reform is essential if the legal profession is to restore its once preeminent stature. Requiring an appropriate “residency” under the supervision of an experienced attorney would do much to restore public confidence in our profession. A commitment to teaching the virtues of professionalism, civility and ethics should be a mandatory component of such an apprenticeship requirement.

Perhaps this can be accomplished through an effective collaboration between the law schools and the trial bar to shift the focus of the third year to “hands on” clinical training with an additional year working directly under a seasoned attorney at pay scales comparable to a medical residency.

William M. Crosby
Irvine