1. Regulation of the legal profession (6-12%) Flashcards

1
Q

What are three examples of requirements for admission to the bar which are not rational?

A
  1. U.S. citizenship
  2. Residency in the state
  3. Banning applicant for merely belonging to a group
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2
Q

What three things must an applicant or lawyer recommending an applicant not do?

A
  1. Make false statement of material fact
  2. Fail to respond to a lawful demand for information
  3. Fail to disclose any fact necessary to correct a misapprehension
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3
Q

Outline the duty of a lawyer to report professional misconduct

A

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

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4
Q

What sort of crimes is a lawyer subject to discipline for committing?

A

Crimes which are relevant to the practice of law, e.g. dishonesty

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5
Q

What four things are grounds for a barred lawyer to be disciplined, even if the lawyer is not active in the practice of law?

A
  1. Fraud
  2. Dishonesty
  3. Misrepresentation
  4. Deceit
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6
Q

Where is a lawyer subject to discipline?

A
  1. Any state where barred, irrespective of where conduct occurred
  2. Any state in which the lawyer renders or offers to render legal services
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7
Q

What are three examples of the practice of law, and as such require a license?

A
  1. Appearing in judicial proceedings
  2. Drafting documents which affect substantial legal rights
  3. Negotiating settlements
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8
Q

What are three examples of things which do not constitute the practice of law?

A
  1. Interviewing people
  2. Filling in forms
  3. Writing legal memos
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9
Q

What are the three ways to temporarily practice in a jurisdiction in which you are not admitted?

A
  1. Associate with active local lawyer
  2. Petition the court for pro hac vice status
  3. Anything related to home state pra
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