Wednesday, August 3, 2011

Iowa to consider whether sanctions in discipline matters should be kept confidential

The Wall Street Journal law blog is reporting that at the end of this month, the Iowa Supreme Court will consider a proposal that would allow lawyers who face discipline for stealing from clients and neglecting client matters to prevent their sanctions from being disclosed publicly. In exchange for this confidentiality, though, lawyers would have to agree to cooperate in expediting the suspension of their law licenses.  Go here for the full story.

I have mixed feelings about this.  On the one hand, offering confidentiality will expedite the process and, hopefully, make it more efficient.  That is a good thing.  But on the other hand, secrecy may eliminate, or at least limit, the goal of deterrence.  Also, it limits the amount of information available to the public when searching for representation.

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