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37 Cards in this Set
- Front
- Back
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RULE 5.5
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Unauthorized Practice of Law
No practice without a license or assisting someone without a license practice means you have an office, presence or advertising exceptions: you partner with an associate, pro hac vice, ADR, in house, or related |
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requirements for state bar admission
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1. graduation from ABA school
2. Bar Exam 3. MPRE 4. Character and Fitness |
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Requirements for Fed Court Admission
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U.S. District Court:
upon motion if in good standing with state court U.S. Court of Appeals: Same U.S. Supreme Court: Same plus three years of practice experience. |
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Character and Fitness
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Statutory Requirement:
current good moral character Burden of Proof: By clear and convincing evidence. |
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What is current Good Moral Character?
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propensity on the part of the person to serve the public in the licensed area ina fair honest and open manner
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Rational Connection Test
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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 |
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Character and Fitness Proceedings
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1. investigation
2. district committee interview 3. Standing Committee Hearing 4. Board of Law Examiners Review |
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Investigation of Character and Fitness
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no rubber stamp
will verify all information you submit remember that personal history affidavit is a sworn statement that is like testimony |
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categories of conduct scrutinized under character and fitness test:
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residence history
employment history criminal history civil litigation history financial responsibility psychological history/ substance abuse disciplinary history character references |
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Disciplinary Process
Possible Penalties |
Disbarment
Suspension Reprimand (public or private) |
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Grounds for imposing Discipline
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violation of disciplinary rules, including commission of a crime
violation of statutes |
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Disciplinary Process procedural steps
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Report of misconduct
Investigation Recommendation/ Disposition Or further formal action |
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Rule 8.1
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Communication with the Bar
cannot knowingly make a false statement of material fact Have to tell the truth, disclose facts, and respond |
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Rule 8.2
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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 |
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Rule 8.3
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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 |
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8.4
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 |
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8.5
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who can sanction you for violating the rules?
A. Both states |
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When to Begin a lawyer/ client relationship?
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1. When you want to
2. When yo umust (no other help, appointments) 3. But when you must not (conflicts, frivolous claims) |
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When to End a relationship: Follow through unless:
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fired by client
client wont pay or cooperate rules say you must withdraw (crime, fraud, conflict) you can't or shouldn't |
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1.18
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decline representation if a conflict exists, unless there is consent
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1.1
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provide competent representation
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1.3
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act with diligence and promptness
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3.1
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meritorious claims only
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6.1
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do pro bono service
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6.2
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accept appointments
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1.16
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withdraw if:
1. discharged 2. crime or fraud 3. repugnant 4. not paid |
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1.18
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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 |
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1.1
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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 |
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1.3
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Diligence
a lawyer shall act with reasonable diligence and promptness in representing a client |
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1.3:
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subject: diligence
says: be diligent (timely, prompt, perseevering) - control work load (comment 2) - don't procrastinate (comment 3) |
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Rule 6.1
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Subject: pro bono service
says: - aspire to atleast 50 hours per year at no fee - aspire to help others at a reduced fee Exceptions - might also serve charitable organizations - might also serve to improve the profession |
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Rule 6.2
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Subject: appointments
says: accept them Exceptions: - will violate ethical rule - will unreasonably burden finances - will be so repugnant as to impair |
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3.1
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subject: frivolous claims
says: make meritorious claims only exceptions: can make prosecution prove their case |
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What are the elements of Malicious prosecution?
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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 |
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rule 1.16
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Subject: Withdrawal
Says: 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 |
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Things to consider about the matter when deciding to accept a case?
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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) |
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steps in deciding whether or not to accept a client?
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1. screen for conflict of interest.
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