Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

37 Cards in this Set

  • Front
  • Back
RULE 5.5
Unauthorized Practice of Law

No practice without a license or assisting someone without a license

practice means you have an office, presence or advertising


you partner with an associate, pro hac vice, ADR, in house, or related
requirements for state bar admission
1. graduation from ABA school
2. Bar Exam
4. Character and Fitness
Requirements for Fed Court Admission
U.S. District Court:

upon motion if in good standing with state court

U.S. Court of Appeals:


U.S. Supreme Court:

Same plus three years of practice experience.
Character and Fitness
Statutory Requirement:

current good moral character

Burden of Proof:

By clear and convincing evidence.
What is current Good Moral Character?
propensity on the part of the person to serve the public in the licensed area ina fair honest and open manner
Rational Connection Test
Do past acts predict what someone will do in the future?

The more remote the acts, the less likely the conduct will serve as denial of admission
Character and Fitness Proceedings
1. investigation
2. district committee interview
3. Standing Committee Hearing
4. Board of Law Examiners Review
Investigation of Character and Fitness
no rubber stamp

will verify all information you submit

remember that personal history affidavit is a sworn statement that is like testimony
categories of conduct scrutinized under character and fitness test:
residence history
employment history
criminal history
civil litigation history
financial responsibility
psychological history/ substance abuse
disciplinary history
character references
Disciplinary Process

Possible Penalties
Reprimand (public or private)
Grounds for imposing Discipline
violation of disciplinary rules, including commission of a crime

violation of statutes
Disciplinary Process procedural steps
Report of misconduct


Recommendation/ Disposition

Or further formal action
Rule 8.1
Communication with the Bar

cannot knowingly make a false statement of material fact

Have to tell the truth, disclose facts, and respond
Rule 8.2
statements about judges, legal officers, and candidates and obligations of candidates

1. cannot make a false or reckless statement about integrity or qualifications

2. judicial candidates shall follow canons
Rule 8.3
duty to report ethic violations

1. report ethic violations when they raise a substantial question of that person's fitness to practice law

2. don't have to disclose information protected by 1.6 or info gained by a lawyer or judge while participating in a n approved lawyers assistance program

catch all
Misconduct is:

1. rule breaking
2. Assisting rule-breaking
3. Inducing rule-breaking
4. Dishonesty, fraud, crime
5. Prejudicial to the administration of justice
6. Influence claim
who can sanction you for violating the rules?

A. Both states
When to Begin a lawyer/ client relationship?
1. When you want to
2. When yo umust (no other help, appointments)
3. But when you must not (conflicts, frivolous claims)
When to End a relationship: Follow through unless:
fired by client
client wont pay or cooperate
rules say you must withdraw (crime, fraud, conflict)
you can't or shouldn't
decline representation if a conflict exists, unless there is consent
provide competent representation
act with diligence and promptness
meritorious claims only
do pro bono service
accept appointments
withdraw if:

1. discharged
2. crime or fraud
3. repugnant
4. not paid
Disqualifying information

Says: Don't misuse prospective client information...don't use or reveal

don't take another with material adverse interests to one of your own clients

all lawyers in firm are disqualified if disqualified lawyer is not timely screened..

exceptions: everyone consents in writing then conflict will go away
subject: competence
says: be competent

choose cases carefully
prepare for novel fields
avoid highly specialized practice areas

refer, co counsel, qualify- through continuing legal education, advanced degrees, and conferences and seminars

a lawyer shall act with reasonable diligence and promptness in representing a client
subject: diligence
says: be diligent (timely, prompt, perseevering)

- control work load (comment 2)

- don't procrastinate (comment 3)
Rule 6.1
Subject: pro bono service

- aspire to atleast 50 hours per year at no fee

- aspire to help others at a reduced fee


- might also serve charitable organizations

- might also serve to improve the profession
Rule 6.2
Subject: appointments
says: accept them


- will violate ethical rule
- will unreasonably burden finances
- will be so repugnant as to impair
subject: frivolous claims
says: make meritorious claims only

exceptions: can make prosecution prove their case
What are the elements of Malicious prosecution?
1. Initiation or continuation of the underlying action

2. lack of probable cause

3. malice; and,

4. favorable termination of the underlying cause of action
rule 1.16
Subject: Withdrawal


1. must withdraw if discharged, impaired, rule violation (crime, fraud)

2. may withdraw if repugnant, non cooperation, or not paid

Exception: court will not permit withdrawal
Things to consider about the matter when deciding to accept a case?
1. do you have the competency (1.1)

2. Do you have the time? (rule 1.3)

3. Does the matter have merit? (rule 3.1)
steps in deciding whether or not to accept a client?
1. screen for conflict of interest.