Publication Date

Summer 1992

Journal

South Carolina Law Review

Abstract

From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice of law and may even be on the verge of seeing their monopoly erode, they have been more successful in securing other aspects of their self-interest and in using their positions of authority to create rules exempting themselves from the reach of laws and doctrines that they, as lawyers, have been instrumental in establishing or enacting to regulate the conduct of others.

Volume

43

Issue

4

First Page

1037

Last Page

1102

Publisher

University of South Carolina School of Law

Keywords

Bankruptcy Law, Bankruptcy, Legal Practice and Procedure, Legal Profession, Professional Ethics in Law, Remedies

Disciplines

Bankruptcy Law | Law | Legal Ethics and Professional Responsibility | Legal Profession | Legal Remedies

Comments

Symposium on Bankruptcy: The Trustee's Avoiding Powers

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