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44 U.C. Davis L. Rev. 413 (2010-2011)
Attorney Deceit Statutes: Promoting Professionalism through Criminal Prosecutions and Treble Damages

handle is hein.journals/davlr44 and id is 417 raw text is: Attorney Deceit Statutes: Promoting Professionalism Through Criminal Prosecutions and Treble Damages Alex B. Long* Unbeknownst to many lawyers, at least twelve jurisdictions - including New York and California - have statutes on the books that single out lawyers who engage in deceit or collusion. In nearly all of these jurisdictions, a lawyer found to have engaged in deceit or collusion faces criminal penalties and/or civil liability in the form of treble damages. Until recently, these attorney deceit statutes have languished in obscurity and, through a series of restrictive readings of the statutory language, have been rendered somewhat irrelevant. However, in 2009, the New York Court of Appeals breathed new life into New York's attorney deceit statute through its decision in Amalfitano v. Rosenberg. This Article discusses the extent to which, in this age of widespread distrust of the legal profession, this type of external regulation of the legal profession is a desirable approach. The Article concludes that although the utility of existing attorney deceit statues is undermined by the broadness of the language, the symbolism of the statutes is important. By relying on the development of tort law to address the same subject matter, courts can achieve the same educational and symbolic goals while dealing with attorney deceit on a more practical basis. . Associate Professor of Law, University of Tennessee College of Law. My thanks to the participants at the Oklahoma City University School of Law faculty colloquium, including Paula Dalley, the Honorable Neil Gorsuch, Carla Spivack, and Deborah Tussey, for their comments and participation. Thanks also to Tom Davies and Maurice Stucke for comments and assistance. Paul Wehmeier provided valuable research assistance for which I am grateful. 413