Journal article

Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia

Tara Sklar, Jennifer Schulz Moore, Marie Bismark, Yamna Taouk

International Journal of the Legal Profession | ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD | Published : 2020


Public trust in the legal profession rests on regulators taking timely and effective action in response to misconduct. Usually, case-by-case analysis occurs after a claim or complaint is lodged with little attention on factors that may predispose a lawyer to misconduct. Vulnerability is a useful concept for understanding individuals’ susceptibility to harm and for identifying safeguards to protect against that harm. This empirical study adds to the largely normative research on vulnerability with an analysis of 67 “problem lawyers” who were the subject of multiple complaints and at least one disciplinary hearing, a paid financial misconduct claim, or striking from the roll in Victoria, Austr..

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Funding Acknowledgements

This work was supported by Victorian Legal Services Board and Commissioner [Research Agreement entitled Risk Based Regulation].