Monday, January 17, 2011

Why are lawyers who are convicted of tax evasion treated more leniently than lawyers who steal?

I have often discussed my concerns regarding inconsistencies in sanctions imposed for different types of conduct and for the same conduct among different jurisdictions (go here and scroll down for examples). When I discuss this issue during the first week of classes, I sometimes assign a case of a lawyer who was convicted of tax evasion and a case of a lawyer who was found to have misappropriated client funds. The lawyer convicted of tax evasion was treated much more leniently.

Over at the Legal Ethics Forum, Prof. Stephen Gillers is asking why this is the case. Go here to read his comment and the responses to it.

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