f/k/a . . .

June 28, 2003

The Word on Lawyer Discipline: Maybe They DO Mean What They Say

Filed under: pre-06-2006 — David Giacalone @ 1:07 pm


Weakend Special: Lawyers are known for their annoying insistence on verbal clarity AND their use of words to obscure meanings — depending, of course, on whose ox might be gored.


I bring this up because a tv commercial last night promised that “nothing works better” than the advertised product.  Whenever I hear that claim, I wonder “do they mean that literally — would using nothing be better than using their product?”   That thought merged two of my favorite hobbies: contemplating the lawyer discipline system and enjoying the oddities of the English language. 


Below are some of the most important words in the realm of lawyer discipline and ethical responsibility, along with their various dictionary definitions.   Were the words chosen to clarify or obscure?  Which meaning is intended?


Code (from OneLook Dictionary Search Quick Definitions):



noun: a coding system used for transmitting messages requiring brevity or secrecy


noun: a set of rules or principles or laws especially written ones


verb: convert ordinary language into code


Rule (from OneLook Dictionary Search Quick Definitions):



noun: prescribed guide for conduct or action



noun: directions that define the way a game or sport is to be conducted


noun: dominance or power through legal authority


verb: exercise authority over


verb: be larger in number, quantity, or importance


Profession (from Wikipedia, the free encyclopedia): 



“A profession is a specialized work function within society. A profession is always held by a person, and it is generally that person’s way of generating income. Some historians believe that the foundation of modern civilization is division of labour into different professions, thus increasing the level of expertise held by professionals. ‘Profession’ is very often restricted to include only those occupations requiring extensive study, such as law, medicine, the Church or engineering. . . . Note that sociologists have been known to define “professionalism” as organised exclusivity along guild lines, much in the sense that George Bernard Shaw characterised all professions as “conspiracies against the laity”.


Sanction (from The American Heritage® Dictionary of the English Language: Fourth Edition. 2000, on bartleby.com):



noun:  Authoritative permission or approval that makes a course of action valid.


nounSupport or encouragement, as from public opinion or established custom.


nounA penalty, specified or in the form of moral pressure, that acts to ensure compliance or conformity.


verb: To give official authorization or approval to. 


verb: To encourage or tolerate by indicating approval.


verb: To penalize, especially for violating a moral principle or international compact.


Oversight  (from OneLook Dictionary Search Quick Definitions):



noun: a mistake resulting from inattention


noun: an unintentional omission resulting from failure to notice something


noun: management by overseeing the performance or operation of a person or group


Responsible (from OneLook Dictionary Search Quick Definitions):



adjective: being the agent or cause


adjective: worthy of or requiring responsibility or trust; or held accountable


adjective: having an acceptable credit rating


Discipline (from OneLook Dictionary Search Quick Definitions):



noun: training to improve strength or self-control


noun: the act of punishing


noun: the trait of being well behaved


noun: a system of rules of conduct or method of practice


noun: a branch of knowledge


self-reg·u·lat·ing (from Dictionary.com) 



adjective:


1. Regulating oneself or itself.


2. Regulating itself automatically.


Trust (from OneLook Dictionary Search Quick Definitions):



noun: the trait of trusting; of believing in the honesty and reliability of others


noun: a consortium of companies formed to limit competition


verb: extend credit to


verb: have confidence or faith in


verb: expect with desire


Well, which meaning do they mean?   Maybe “nothing is better” for clients than attorney self-regulation.    Before I consider that complex problem, I need to engage in yet another of my favorite hobbies — napping.  Then, perhaps a little bocce.


 


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Belated and blushing thanks to Robert Ambrogi, the godfather of lawsite reviewers, for his gracious (and insightful!) review of ethicalEsq?, on June 25, 2003, on his LawSites blog. Check it out and confirm your good sense in visiting this site regularly. It’s been four weeks since we launched ethicalEsq?, and this little client-oriented blawg has been averaging a surprising and heart-warming 300 page-hits a day. I’m humbled and grateful for the response, as are my sidekicks, Jack and Jackie Cliente.

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