California may be the only other state with a scandal as public and otherwise significant as that revealed by Vermont’s 2023 Survey.  California’s scandal was arguably less, for it involved roughly 200 unenforced violations, and public outcry following revelation of the BEAs’ failures led to legislative intervention.

Consistent with the YLS Dean Kronman’s 1993 observation that every year produces renewed doubt that the legal profession can police itself, following the legislature’s involvement: (1) an investigation of the BEAs was begun, and (2) a rigorous 8.3 was created, with express time limits imposed and the duty to sometimes report to BEAs and to a court made clear.  The ABA and other jurisdictions should follow.