Abstract

In all fifty states and in the District of Columbia, lawyers must make annual or biennial payments into government-mandated client-compensation funds, which are paid for entirely by lawyers. A payment by a lawyer is a condition of maintaining a license to practice law. The shortcomings of client-compensation funds are that they impose, on all lawyers in a jurisdiction, collective liability for any one lawyer who causes financial harm to a client, and collective payment to the financially-harmed client. Collective liability and collective payment are alien to the common law. The foundational principle of Western philosophy is that each adult person has personal liability for a harm caused by him, and has a personal obligation to make the harm good.

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