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University of Miami Law Review

Abstract

The article presents an examination of self-regulation in the legal community. The disciplinary process employed by one judicial district in New York City is utilized as a model for examining procedures and provides a basis for offering suggestions for upgrading effectiveness. The problems inherent in the selfregulation of the legal profession are examined from both the practitioner and the lay viewpoint. After focusing on the objectives of self-regulation, the author suggests two important areas of concern-disorder in the courtroom and the "marginal practitioner." The article concludes with several suggestions for reforms in the area of self-regulation including: stiffer requirements for admission to the bar; the extension of legal aid and no fault concepts; the increased use of small claims courts; the necessity for continuing legal education courses in substantive and ethical areas of law; and the necessity for law schools to devote more time to the ethical considerations of practicing law. In addition Mr. Arkin suggests that client security funds be established, that a mediation procedure should be implemented and that grievance procedures become more centralized.

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