Sources of Professional Responsibility Flashcards
Identify the sources available for regulating Attorney's conduct.
What are the two major sources of Legal Ethics for practicing attorneys?
The Code of Professional Responsibility (CPR) and the Model Rules of Professional Conduct (MRPC).
What are other sources of Professional Responsibility?
(1) ABA Formal and Informal Opinions
(2) States’ own codes
(3) State case law
(4) ABA Code of Judicial Conduct
What is the Code of Judicial Conduct?
It sets standards for Judges
Is the Code of Judicial Conduct binding?
Technically, No.
What is the MRPC composed of?
Rules and Commentary
What is CPR composed of?
Disciplinary Rules and aspirational “Ethical Considerations”
Do the MRPC and CPR ascribe punishment or civil liability?
No
What are the standard degrees of punishment under the MRPC and CPR?
(1) Private Reprimand
(2) Public Reprimand
(3) Suspension
(4) Debarment
What is the most common theory of attorney malpractice?
Negligence
In a malpractice claim, is the attorney civilly liable for the errors of her employees?
Yes
What are the words and phrases in the MRPC and CPR that indicate mandatory lawyer behavior?
“must” “shall” “subject to discipline” and “disciplinary rule?
What are the words and phrases in the MRPC and CPR that indicate aspirational or discretionary lawyer behavior?
“should” “may” “proper” and “ethical consideration”
