NCJ Number
82233
Date Published
1982
Length
38 pages
Annotation
The legal profession of each State is conceptualized as a social system, and the effects of its structural characteristics on the punishment of professional misconduct are investigated.
Abstract
The study proposes that the rate at which attorneys are sanctioned, the severity of sanctions imposed, and the rate of readmission following sanctioning are primarily affected by the level of social solidarity that characterizes a State bar and the degree to which power is centralized within a State bar. While complete data were obtained for only 22 jurisdictions, they represent 77 percent of the total lawyer population in 1967, are diverse, and are representative of both integrated and nonintegrated bars. Results show that neither level of solidarity nor centrality of power is either significantly associated with or a suitable predictor for the rate at which sanctions are applied; however, solidarity and centrality of power are both associated with and are suitable predictors for the severity of sanctions applied. Only centrality of power is associated with the rate of reintegration and readmission. Results suggest that additional theoretical work is necessary to determine what factors or combination of factors influence the rate at which sanctions are applied and why increased centrality of power is associated with greater leniency in sanctioning and greater willingness to readmit persons to whom sanctions have been applied. Appended are the National Disciplinary Data Bank codes used in formulating categories of sanctions and a list of integrated-bar States and States for which data on centrality of power are available. Tabular and graphic data are provided, along with 10 notes and 63 references.