2 MC and rules Flashcards
(5 cards)
An attorney knew about another lawyer’s involvement in an illegal money laundering enterprise, although the money laundering was unrelated to the other lawyer’s law practice or representation of clients. Eventually, when federal law enforcement officials bring criminal charges against the other lawyer, who is part of another firm, the first attorney’s awareness of the situation becomes evident. Could the attorney who knew of the wrongdoing and ignored it be subject to discipline?
Yes, because it is a violation of the Rules of Professional Conduct to fail to report serious fraud or criminal activity by another lawyer.
An attorney suspects that another lawyer in his firm has violated the Rules of Professional Conduct in a rather serious matter, but has no first-hand knowledge of the situation—his suspicion rests on the fact that the other lawyer seems to be acting paranoid and evasive, and a number of strange coincidences have occurred in his cases. Does the attorney who suspects something seriously wrong is afoot have a duty to report the other lawyer to the state bar disciplinary authority?
No, because he does not have actual knowledge of the violation.
An attorney has been practicing for five years, but on her application to the bar five years earlier, she had stated that she had attended a particular private high school, when in fact she had attended a public high school. An unhappy client recently filed a grievance against the attorney, which was frivolous, but the state disciplinary authority had to conduct a routine, preliminary inquiry into the matter in order to make a determination that the complaint merited dismissal. The disciplinary board member assigned to the case had attended the elite private high school from which the attorney claimed to have graduated, and made a mental note of the attorney’s high school when he did a cursory review of her bar admission files. He thought it was strange that he had never seen or heard her name at any alumni or reunion functions, as they had supposedly graduated the same year and the classes were small. On a hunch, the board member checked the alumni lists for the school and discovered that the attorney had lied on her application to the bar five years earlier. When asked about this issue, the attorney said she could not be subject to discipline now for the misstatement she made several years ago, and that the board lacked jurisdiction because it was unrelated to the current grievance complaint. Is she correct?
No, because if a person makes a material false statement in connection with an application for admission, it may be the basis for subsequent disciplinary action if the person is admitted.
An attorney obtained admission to the bar in New York and practiced there for two years. She worked for Big Firm, which has offices in five states and a few locations overseas. After her two years in the New York office, the firm transferred her to its office in San Diego, California. The attorney then applied for admission to the California bar under a reciprocity arrangement, and the state bar admitted her without making her re-take the bar exam. After practicing in California for three years, somehow the New York state bar learned that the attorney had made false statements on her original bar application about misdemeanor arrests during college. The New York bar informed the California state disciplinary authority about this problem, and the California state bar commenced disciplinary proceedings against the attorney in California. Can the attorney be subject to discipline in California for false statements made on a bar application in another state?
Yes, because if a person makes a material false statement in connection with an application for admission, it may be relevant in a subsequent admission application or disciplinary proceeding elsewhere.
Must a lawyer accept every case within his area of expertise?
No—he has no general obligation to do so.
The Model Rules are actually silent on this point—they prescribe certain circumstances under which the lawyer must decline or terminate representation (see MR 1.16), but they don’t say anything about whether there are additional circumstances under which the lawyer may decline representation. Therefore, there is no general obligation on the lawyer’s acceptance of a client’s matter.
There’s one major exception, however. MR 6.2, dealing with court-appointed representation, says that “a lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause.” The rule then gives examples, such as that the client or the cause “is so repugnant to the lawyer as to be likely to impair the lawyer-client relationship or the lawyer’s ability to represent the client.” So, if the court proposes to appoint the lawyer to a case, the lawyer’s freedom to decline is limited.
