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Ethics

: Legal Ethics Forum

CLE Cap and Trade

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Perhaps like me, you have a lot more CLE credits than you could possibly use in a lifetime. Many of mine are in hard to get legal ethics. I propose a market in excess credits. I could, for example, charge $500 per credit ($1000 for ethics credits) to lawyers who suddenly find themselves a few credits shy when the reporting obligation arises. 

We can cap this trade. No lawyer can buy more than, say, three or four credits in any reporting period. So they can't dispense with their entire CLE obligation but only 10 or 15 percent of it. And the price is meant to create a disincentive to fall short. 

Meanwhile, the financially starved court system can impose a 25 percent tax on my cap and trade CLE income. 

It's not unlike buying extra miles when you have not quite enough miles to upgrade to business class.

A side benefit: most of the lawyers with excess credits are law teachers. So this is a way to get working lawyers to augment the generally lower salaries of academics. 

Full post as published by Legal Ethics Forum on June 22, 2010 (boomark / email).

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