Attorney Fee Disgorgement as a Disciplinary Action

Abstract

This Comment first explores reasons for the rare application of fee disgorgement as a disciplinary measure. It then examines the contexts under which courts deprive attorneys of their fees in both nondisciplinary and disciplinary proceedings. This Comment concludes that, in many cases, disgorgement of fees as a disciplinary action for attorney misconduct would most effectively protect the public, deter unethical conduct, and restore confidence in the legal profession.