Category Archives: Discipline

When is someone an expert?

Lawyers who must prove professional standards through expert witnesses tend to gravitate towards the most senior, credentialed and respected members of the profession they can retain, preferably with much experience in giving expert testimony. But what if an experienced expert…

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Can respondents act as their own experts?

Respondents in discipline hearings may sometimes attempt to act given their own “expert” evidence about the professional standards that apply to them. This does not mean, however, that hearing panels need accept them as experts, whatever their experience. While administrative…

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May remedial penalties be endless?

When a discipline hearing panel finds that a respondent must undergo remedial steps, but does not know what steps may be adequate to achieve the results it desires, a panel may feel inclined to reserve some discretion to make further…

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