Unleashing Rule 5.1 to Combat Prosecutorial Misconduct

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Date

2024-05-20

Authors

Cassidy, R. Michael

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

The topic of this Article is the little understood and seldom invoked Rule of Professional Conduct 5.1, and how that disciplinary rule can be more aggressively enforced to detect and deter prosecutorial misconduct. The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities.

Description

44 pages

Keywords

American Bar Association Model Rule 5.1, Corporate criminal liability, Rules of Professional Conduct, Lawyers

Citation

102 Or. L. Rev. 269