Graduation of Sanctions in the Lawyer's Liability for Misconduct Committed by Non-Lawyers under his or her Supervision
DOI:
https://doi.org/10.18800/derechopucp.200901.015Keywords:
Professional Liability, Professional Ethics, Non-Lawyers, Legal Services, Professional SanctionAbstract
This paper addresses the liability of lawyers for misconduct committed by non-lawyers under their supervision. The author mentions that the commission of misconduct violates the due sponsorship and the due appearance of the profession. Also, since there is no internal regulation on the matter, the author analyzes three sources to support the proposal for the graduation of sanctions: doctrine, jurisprudence and comparative law. Finally, the author stresses the importance of the graduation of sanctions, establishes criteria and presents a table with cases of misdemeanors regulated according to the seriousness of the practice carried out: serious, moderate and minor cases of sanction.
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Anderson, Alexis et al. (2004). Ethics in Externships: Confidentiality, Conflicts and Competence Issues in the Field and in the Classrooms. En Clinical Law Review (Vol. 10, Nº 2) pp. 473-580.
Keatinge, R. (1998). The Flogging Will Continue until Morale Improves: The Supervising Attorney and His or Her Firm. En South Texas Law Review (Vol. 39).
Osorio, Á. (1997). El alma de la toga. Buenos Aires: Valleta Ediciones.
Temkin, B. (2008). Deception in Undercover Investigations: Conduct Based vs. Status Based Ethical Analysis. En Seattle University Law Review (Vol. 32, Nº 1) pp. 123-175.
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Copyright (c) 2016 Derecho PUCP
This work is licensed under a Creative Commons Attribution 4.0 International License.
