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Fiduciary Exploitation in Legal Practice

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Created November 12, 2025

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These 2 cases exemplify how some private practitioners, free from institutional oversight and incentivized

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by large contingency fees, can exploit fiduciary opportunities, such as fraud.

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Contrasted with public defenders who, by virtue of statutory salary,

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institutional supervision, and ethos, face fewer incentives to commit client-fund fraud.

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Public defenders typically have their compensation fixed, which is not tied to settlement size,

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and operate in accordance with ethics laws of public servants.

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