1. Regulation of the legal profession (6-12%) Flashcards
What are three examples of requirements for admission to the bar which are not rational?
- U.S. citizenship
- Residency in the state
- Banning applicant for merely belonging to a group
What three things must an applicant or lawyer recommending an applicant not do?
- Make false statement of material fact
- Fail to respond to a lawful demand for information
- Fail to disclose any fact necessary to correct a misapprehension
Outline the duty of a lawyer to report professional misconduct
A lawyer who KNOWS that another lawyer has committed a violation that raises a substantial question as to the lawyer’s honesty, etc MUST report the violation unless duty of confidentiality applies
What sort of crimes is a lawyer subject to discipline for committing?
Crimes which are relevant to the practice of law, e.g. dishonesty
What four things are grounds for a barred lawyer to be disciplined, even if the lawyer is not active in the practice of law?
- Fraud
- Dishonesty
- Misrepresentation
- Deceit
Where is a lawyer subject to discipline?
- Any state where barred, irrespective of where conduct occurred
- Any state in which the lawyer renders or offers to render legal services
What are three examples of the practice of law, and as such require a license?
- Appearing in judicial proceedings
- Drafting documents which affect substantial legal rights
- Negotiating settlements
What are three examples of things which do not constitute the practice of law?
- Interviewing people
- Filling in forms
- Writing legal memos
What are the three ways to temporarily practice in a jurisdiction in which you are not admitted?
- Associate with active local lawyer
- Petition the court for pro hac vice status
- Anything related to home state pra