This study of recent cases of billing and expense fraud confirms the views of David Wilkins, Ted Schneyer, and many other scholars that the disciplinary system performs only one of several needed regulatory functions. The cases demonstrate the need for public and private regulatory responses that not only receive and investigate complaints, but also provide education, prevention, proactive monitoring, and remediation. Lawyers who engage in billing and expense fraud should be fired, disbarred, prosecuted on criminal charges, sued for malpractice. If the public and private organizations that can attend to this problem take it seriously, the norms in the legal profession might shift to require that lawyers be candid and truthful in billing clients.
Lisa G. Lerman, Blue-Chip Bilking: Regulation of Billing and Expense Fraud by Lawyers, 12 GEO. J. LEGAL ETHICS 205 (1999).